SUPPLEMENTARY The SUPPLEMENTARY INFORMATION section is the regulatory history of a rulemaking document. In this section the agency should present the background information and specific detail necessary to explain the basis and purpose of a final rule or give adequate notice of the issues to be commented on in a proposed rule as required by the Administrative Procedure Act. The agency should present this information in language easily understood by the reader. The agency may use descriptive headings to highlight topics or organize text in the SUPPLEMENTARY INFORMATION section. If a reference to the Federal Register or Code of Federal Regulations is necessary use the format shown on page 59. The agency may use the SUPPLEMENTARY INFORMATION section to meet certain additional information requirements. The agency may indicate whether— The regulation is a major rule under the requirements of E.O. 12291; • A Regulatory Analysis is required by the Regulatory Flexibility Act (5 U.S.C. 601–611); • The provisions of the Paperwork Reduction Act apply (44 U.S.C. Ch. 35); • An environmental impact statement is required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and • There is a Catalog of Federal Domestic Assistance number. CHECKLIST OF QUESTIONS TO CONSIDER WHEN WRITING SUPPLEMENTARY General information in all rulemaking documents. The agency should include the answers to the following questions in the SUPPLEMENTARY INFORMATION section of each rulemaking document. • What problem does the rulemaking address? -What issues are connected with the problem? -What facts, surveys, or studies identify and define the problem? -What existing regulations address the problem? • How does this rulemaking attempt to solve the problem? -Were other solutions considered? -How was this solution chosen? -Is this solution cost effective? -How will this solution affect the regulated parties? • Does this rulemaking contain penalties for noncompliance? -Are penalty provisions essential? -Can the requirements of the regulations be monitored? -Can the penalty provisions be enforced? • Were interested parties involved in the rulemaking? -How were they identified? -How were they notified? • Have other documents in the rulemaking been identified (including Federal Register volume, page and date)? -Proposed rule? -Advance notice of proposed rulemaking? -Meeting or hearing announcement? • Have subject headings been used to break up lengthy SUPPLEMEN TARY INFORMATION text? For example -Background. -Statutory authority. -Request for comments. List of Subjects -Related documents. -Topical headings. -Drafting information. General information in proposed rule documents. In addition to the general information in rulemaking documents, the agency should include the answers to the following questions in the SUPPLEMENTARY INFORMATION section of each proposed rule document. • How will public participation be handled? • Are there special instructions for mailing public comments? • Are there formal or informal hearings? -Are there procedures for requesting a public hearing? -Are there any instructions for filing comments or making oral presentations? -Will transcripts of the hearing be made available? General information in final rule documents. In addition to the general information in rulemaking documents, the agency should include the answers to the following questions in the SUPPLEMENTARY INFORMATION section of each final rule document. • Are there any substantive differences between the proposed rule and the final rule? -Why were these changes made? -Will the public have an opportunity to comment on these changes? • Have all substantive comments been considered and discussed? -Did the comments reveal any new information? —Did the comments suggest any alternative solutions? If a section-by-section analysis of the comments is included, it should appear in the SUPPLEMENTARY INFORMATION. Was the proposed rule stage waived? -Is the reason for the waiver explained? -Will the public be given an opportunity to comment on the • Does the regulation become effective immediately? -Is the reason for the waiver explained? Each rule or proposed rule document must contain a list of index terms (List of Subjects) for each CFR part number cited in the document's heading. These terms are contained in the "Federal Register Thesaurus of Indexing Terms," a publication available from the OFR. The terms provide a common vocabulary for indexing the regulations of all agencies and are the basis of the "CFR Index" prepared by the OFR. The terms are also used by OFR staff in the preparation of finding aids for the preliminary pages of each Federal Register. The OFR will provide an agency with a list of appropriate terms for its existing CFR parts. For new CFR parts, an agency should select appropriate terms from the Thesaurus. An agency may include additional terms not contained in the Thesaurus for either existing or new CFR parts as long as appropriate Thesaurus terms are also used. The List of Subjects is the last item in the SUPPLEMENTARY INFORMA- presented in alphabetical order and are separated by commas. Only the first word of each term is capitalized. The List of Subjects is set out separately for each CFR part cited. (See example 16.) However, if the terms to be used are identical for several CFR parts, they may be consolidated. (See example 17.) EXAMPLE 16: FORMAT FOR DOCUMENT CITING A SINGLE CFR PART. List of Subjects in 40 CFR Part 262 Hazardous waste, Imports, Labeling, Packaging and containers, Reporting and recordkeeping requirements. EXAMPLE 17: FORMAT FOR DOCUMENT CITING TWO OR MORE CFR PARTS. List of Subjects 15 CFR Part 370 Administrative practice and procedure, Exports. 15 CFR Parts 372 and 386 Exports, Reporting and recordkeeping requirements. Words of issuance The words of issuance in a rulemaking document are the language which describes the relationship of the new provisions to the CFR. Words of issuance form The general ties between the document and the CFR units being affected; and • The bridge between the preamble and the regulatory text in a rulemaking document. Because the rulemaking document is the act of promulgation, words of issuance are always in the present tense. The action of the document should be stated clearly, not implied. The words of issuance should state the CFR title number, chapter number, and, if applicable, the subchapter number affected by the document. The agency may state the part number(s) in the words of issuance, if desired. EXAMPLE 18: WORDS OF ISSUANCE. For the reasons set out in the preamble, Title 18, Chapter I, Subchapter A of the Code of For the reasons set out in the preamble, Title 10, Chapter II of the Code of Federal For the reasons set out in the preamble and under authority given the Administrative Authority citation Each document classified as a rule or proposed rule must contain a citation of the legal authority under which the agency issues the document. The citation should include Each CFR unit amended by a document must be authorized by a citation of authority presented in the document. The agency is responsible for maintaining accurate and current authority citations in its regulations. The authority citation must be centralized at the part level or at the subpart level. Citations of authority for particular sections may be specified within the centralized authority citation. An agency which is statutorily required to display an authority citation at the section level should confer with the OFR on the proper placement of authority citations in its documents. If there is any change to an authority citation, the agency must revise the citation as shown in example 19. If there is no change to an authority citation, the agency must restate the citation as shown in example 20. EXAMPLE 19. The authority citation for Part 4 is revised to read as follows: EXAMPLE 20. The authority citation for Part 4 continues to read as follows: AUTHORITY CITATIONS: FORM AND CONTENT The authority citation should be in the shortest form compatible with positive identification and ready reference. Each citation of statutory authority must use the United States Code citation, if one exists, that authorizes the issuance of the regulation. The citation should be to the most recent edition of the United States Code. Consult the basic edition of the United States Code plus the latest supplement. It is not necessary to cite a Public Law or the U.S. Statutes at Large in addition to the United States Code citation. (See example 21.) When a United States Code citation does not exist, the agency should cite the Public Law and the U.S. Statutes at Large by referring to the Public Law section and number, and the U.S. Statutes at Large volume and page number. (See example 22.) Nonstatutory authority, such as a Presidential Executive order, agency executive delegation, or other document showing authority to issue regulations, should be cited by document designation, Federal Register volume and page, and, when possible, a parallel citation to the Code of Federal Regulations. (See example 23.) If both statutory material and nonstatutory material are included in the same authority citation, place the statutory material first. (See example 24.) EXAMPLE 21. Authority: 44 U.S.C. 2101-2118. EXAMPLE 22. Authority: Sec. 8067, Pub. L. 98-473, 98 Stat. 1937. EXAMPLE 23. Authority: E.O. 11222, 30 FR 6469, 3 CFR 1965 Supp., p. 10; 5 CFR 735.101 et seq. EXAMPLE 24. Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709, 3 CFR, 1954-1958 Comp., p. 189. If an agency chooses to cite the United States Code, Public Law, and the U.S. Statutes at Large in the same authority citation, the references should appear in the order shown in example 25. EXAMPLE 25. Authority: Sec. 8, Pub. L. 98-328, 82 Stat. 470 (34 U.S.C. 21). AUTHORITY CITATIONS: PLACEMENT If a document adds or revises an entire CFR part, the authority citation must be placed directly after the table of contents and before the regulatory text. (See example 26.) If a document adds or revises an entire CFR subpart, and that subpart has an authority citation which is not provided for in the authority citation for the part, the authority citation for the subpart must be placed directly after the heading to the subpart and before the regulatory text of the subpart. (See example 27.) If a document amends only certain sections within a CFR part, or adds or revises an entire subpart which has the same authority citation as the CFR part, the authority citation for the part must be set out as the first numbered item in the list of amendments for the part. (See example 28.) |