NAO 205-11: Code of Federal Regulations and Federal Register

Issued 12/17/90; Effective 12/03/90; Reviewed Last: In Process

Amended: AM #1 - 03/01/04; AM #2 - 10/09/04; AM #3 - 08/11/05

SECTION 1. PURPOSE.

This Order describes NOAA's use of the Code of Federal Regulations (CFR) and the Federal Register and procedures for preparing materials for publication in these two Government-wide media. This Order also delegates authority to specific NOAA officials to sign material for publication in the Federal Register and the Code of Federal Regulations.

SECTION 2. REFERENCES.

This Order implements 1 CFR Part 18 and Department Administrative Order (DAO) 205-11, Publishing Documents in the Federal Register, and references the Document Drafting Handbook published by the Office of the Federal Register to be used as a detailed guideline for preparing Federal Register materials.

SECTION 3. CODE OF FEDERAL REGULATIONS.

.01 General. The CFR is the basic component of the Federal Register publication system. It is a codification of the regulations of the various Federal agencies, published by the Office of the Federal Register of the National Archives and Records Administration (NARA). NOAA and other agencies are required to use the CFR to publish permanent regulations affecting the public. Regulations so published have the full effect of law. The regulations are codified and assembled into Titles by subject or by agency.

.02 15 CFR Part 900. NOAA's basic requirements for CFR publication of certain information of interest to the public have been fulfilled in 15 CFR Part 900. Codification is controlled centrally for NOAA by the Administrative Documentation Officer (Administrative Services Division, Paperwork Management Branch, OA332), who is the NOAA CFR-Federal Register Liaison Officer. The Administrative Documentation Officer, OA332, provides numbers for new CFR documents.

.03 50 CFR. NOAA's National Marine Fisheries Service (NMFS) regulations and information of interest and general applicability are published throughout Title 50 of the CFR. Codification is controlled centrally by the NMFS Regulations Coordinator in the Plans and Regulations Division, F/CM2, who is the NMFS CFR-Federal Register Liaison Officer. The NMFS Regulations Coordinator, F/CM2, provides numbers for new CFR documents within Title 50.

SECTION 4. FEDERAL REGISTER.

.01 The Federal Register is a daily supplement to the Code of Federal Regulations. It is a subscription publication widely read by the public sector and by Federal, state, and local government.

.02 Regulations must be published in the Federal Register. Generally, they are published in proposed and in final versions so that: 1) the public is aware of actions contemplated or taken by the government; and 2) the public can effectively participate in the development of regulations or the formulation of policy through comments on proposals published in the Federal Register, and through public participation in advertised hearings or meetings on those proposals.

.03 Although a NOAA office may have a distribution list for disseminating information to persons who have expressed interest in a particular program, such a list may not be inclusive of all interested parties. Whether or not information regarding a regulation or proposed regulation is distributed to individuals or organizations that have expressed interest in a NOAA program, publication of a notice in the Federal Register is required and is tantamount to informing all interested persons and organizations of the information in the notice.

.04 The Federal Register also contains notices of hearings or meetings of interest to the public, notices of new Federal programs, and notices of available grant funds with an explanation of the procedures and rules of eligibility for these grants.

SECTION 5. PREPARATION OF CFR AND OTHER DOCUMENTS FOR SUBMITTAL TO THE FEDERAL REGISTER.

.01 The Federal Register Document Drafting Handbook contains detailed guidelines for preparing materials for submission to the Federal Register. Copies of this handbook are distributed to most NOAA offices that regularly publish materials in the Federal Register. Loan copies also are available in NOAA's CFR/Federal Register Liaison Offices and in NOAA and DOC legal offices. (See Section 8.)

.02 Originators should prepare the final copy in double space format, provide three unaltered signed originals (or signed copies) to the Federal Register, and provide a copy for the liaison office and additional file copies, as appropriate.

.03 The Billing Code (Coastal Zone-CZ, 3510-08; National Marine Fisheries Service-NMFS, 3510-22; or all other, 3510-12) should be typed in the upper right corner on all pages of the original and all copies of each document.

SECTION 6. CLEARANCE OR ROUTING OF DOCUMENT SUBMITTALS.

The yellow file copy (NOAA Form 61-2) with grid should show initials of originator and clearing officials for each submitted document. The routing slip (DOC Form CD-15, Transmit/Route) should indicate clearance routing as follows:

Program originator;
Originator's supervisor;
Program approving official (according to nature and content of document);
General Counsel's Office section responsible for program assistance;
Committee Management Desk, OA332, if a Notice of a Meeting involves closure or partial closure to the public;
Liaison Office (OA332, N/PS, F/CM2), for clearance;
Signing Official;
Liaison Office for logging, mailing, and returning file to the originator.

SECTION 7. DELEGATION OF AUTHORITY.

.01 Authority to sign material for publication in the Federal Register and the Code of Federal Regulations is hereby delegated to the following NOAA officials:

Under Secretary for Oceans and Atmosphere/Administrator
Assistant Secretary for Oceans and Atmosphere/Deputy Administrator
Deputy Under Secretary for Oceans and Atmosphere
Chief Scientist
General Counsel
Assistant Administrator for Ocean Services and Coastal Zone Management
Deputy Assistant Administrator for Ocean Services and Coastal Zone Management
Assistant Administrator for Fisheries
Deputy Assistant Administrator for Fisheries
Program Management Officer, National Marine Fisheries Service
Director, Office of Fisheries Management
Assistant Administrator for Weather Services
Assistant Administrator for Satellite and Information Services
Deputy Assistant Administrator for Satellite and Information Services
Assistant Administrator for Oceanic and Atmospheric Research
Deputy Assistant Administrator for Oceanic and Atmospheric Research
Director, Office of Administration
Deputy Director, Office of Administration
Assistant Administrator for Program Planning and Integration
Deputy Assistant Administrator for Program Planning and Integration
Amendment #2
Director, Acquisition and Grants Office
Amendment #3

.02 The Director, Office of Fisheries Conservation and Management, NMFS, is delegated authority to sign for publication of regulations in the Code of Federal Regulations and the Federal Register that are exempt from Office of Management and Budget review procedures under Executive Order 12291.

.03 The following redelegations have been authorized:

a. the Assistant Administrator for Fisheries is authorized to redelegate signing authority for Federal Register notice entries to National Marine Fisheries Service office directors; and

b. the Assistant Administrator for Ocean Services and Coastal Zone Management is authorized to redelegate signature authority to National Ocean Service (NOS) office directors for Federal Register notice entries that are within the mission and assigned responsibilities of their office and with the proviso that redelegated signature authority shall be used solely for notices covering routine, non-regulatory subject matter.
Amendment #1

.04 Signing authority may not be redelegated except as specified above in Section 7.03. In the absence of the appropriate designated officials, Federal Register material will be forwarded to the Executive Secretariat for signature by the Under Secretary, the Assistant Secretary, or the Deputy Under Secretary.

.05 The provisions of NOAA Directive Manual 21-24, Procedures for Development of Regulations, Section 2, pertaining to "significant" regulatory materials that require the signature of the Secretary, Department of Commerce, or the Under Secretary, NOAA, are not affected by this delegation.

SECTION 8. NOAA LIAISON WITH THE FEDERAL REGISTER.

.01 The Administrative Documentation Officer, Paperwork Management Branch, OA332, is the NOAA liaison with the Federal Register. The Branch will assist other NOAA offices on request, and will act as information point and facilitator for answering general inquiries or providing assistance that may be requested by the Office of the Federal Register. Additionally, the Branch will initiate NOAA directives, and provide procedural and instructional guidelines to NOAA elements preparing submittals and materials for the CFR and the Federal Register.

.02 The Chief, Science, Planning and Analysis Staff (N/PS), NOS, is the Coastal Zone Management Act liaison with the Office of the Federal Register and reviews submittals to be signed within the Office of Ocean and Coastal Resource Management (OCRM); assists other OCRM offices on request, and acts as information point and facilitator for answering general inquiries or providing assistance that may be requested by the Office of the Federal Register.

.03 The Regulations Coordinator, Plans and Regulations Division, F/CM2, serves as the National Marine Fisheries Service liaison with the Federal Register and reviews NMFS submittals; assists other Fisheries offices on request, and acts as the information point and facilitator for answering general inquiries or providing assistance that may be requested by the Office of the Federal Register.

SECTION 9. FUNDING AND CHARGES FOR CFR AND FEDERAL REGISTER PRINTING.

Each office is responsible for providing the funds required to publish its material in the Federal Register and the CFR. The NOAA Liaison Office, OA332, verifies the charges submitted by the Office of the Federal Register and the Government Printing Office, determines which NOAA office accounts are to be charged, and submits the bills for payment.

SECTION 10. SPECIAL CONSIDERATION FOR REGULATORY MATERIAL.

.01 NOAA Directives Manual 21-24, Procedures for Development of Regulations (which will become NAO 218-7 under the new nomenclature and designation at a later date), details NOAA approval procedures for major regulatory materials.

.02 The President and the Secretary of Commerce have instituted additional controls on regulatory materials. Originators should route all regulatory documents through the Office of General Counsel, or coordinate drafting efforts with the Office of General Counsel, to ensure that new and developing Government-wide controls are applied.

SECTION 11. EFFECT ON OTHER ISSUANCES.

This Order supersedes NOAA Administrative Order 205-11, dated January 5, 1990, and NOAA Directives Manual 21-23, dated September 28, 1981, including NOAA Circulars 81-91, dated September 28, 1981; 81-92, dated September 30, 1981; and 81-93, dated September 30, 1981.

SIGNED,

Under Secretary for Oceans and Atmosphere

Office of Primary Interest:
Office of Administration
Administrative Services Division (OA33)