Federal Register Document Drafting Handbook 
October 1998 Revision 

Appendix C: Laws That Affect Federal Register Publication 

This Appendix lists laws that you will use to determine what documents 
your agency may need to publish in the Federal Register, or the 
procedures you will use to publish in the Federal Register, or the 
procedures you will use to conduct a rulemaking. These laws are: 

     Federal Register Act (44 U.S.C. chapter 15) 
     Administrative Procedure Act (5 U.S.C. subchapter II) 
     Federal Advisory Committee Act (5 U.S.C. appendix) 
     Freedom of Information Act (5 U.S.C. 552) 
     Privacy Act (5 U.S.C. 552a) 
     Government in the Sunshine Act (5 U.S.C. 552b(e)(3)) 
     Negotiated Rulemaking Act (5 U.S.C. 561 et seq.) 
     Small Business Regulatory Fairness Enforcement Act 
     (5 U.S.C. 801 et seq.) 
     Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
     Paperwork Reduction Act (44 U.S.C. 3501 et seq.) 

The Federal Register Act and the Freedom of Information Act require 
that documents published in the Federal Register be official agency 
actions. 

The Federal Register Act (44 U.S.C. chapter 15) requires publication 
of the following documents in the Federal Register: 

Presidential proclamations and Executive orders, except those not 
having general applicability and legal effect or effective only 
against Federal agencies or persons in their capacity as officers, 
agents, or employees of a Federal agency. For purposes of the act, 
every document that prescribes a penalty has general applicability and 
legal effect. 

Documents or classes of documents that the President may determine 
from time to time to have general applicability and legal effect. 

Documents or classes of documents that may be required to be published 
by Act of Congress. 

Documents authorized to be published by regulations except for 
comments and news items. 

The Freedom of Information Act (5 U.S.C. 552) requires publication of 
the following documents in the Federal Register: 

     Descriptions of central and field organizations of each Federal 
     agency; 
     
     Descriptions of the course and method by which each Federal 
     agency's functions are channeled and determined; 
     
     Rules of procedure and a description of forms available; 
     
     Substantive rules of general applicability; 
     
     Statements of general policy or interpretations of general 
     applicability; and 
     
     Each amendment, revision, or repeal of the above materials. 

The Freedom of Information Act also authorizes the Director of the 
Federal Register to approve the incorporation by reference of eligible 
material in the Federal Register. 

 
The regulations of the Administrative Committee of the Federal 
Register provide that whenever the Director of the Federal Register 
finds that publication of a document would be in the public interest, 
the document may be published in the Federal Register.