Common Rule Template
A common rule is a mechanism devised by the OFR for use when multiple agencies wish to adopt identical regulatory text, setting the out text they have in common (hence common rule) only once, instead of once per agency, in a Federal Register document. Each agency then modifies the common text to account for slight agency-specific differences, like the agency name and title of agency leadership (Administrator vs. Secretary, for example). Agencies can only use the common rule format if the structure and language are both identical across agencies. (For example, if one agency must include the text as a subpart while others are using a part structure, the common rule format is not an option.)
If required agency-specific edits to the common language are substantive or extensive, the agencies should evaluate whether a common rule or joint rule is more appropriate. To discuss options, or for questions about this template, contact OFR’s Legal Affairs and Policy Division.
(This template contains the structure, instructions, and explanations necessary for drafting a common rule. See OFR's Document Drafting Handbook (DDH) for further information regarding overall drafting requirements.)
1. Format and draft document headings and preamble according to requirements for joint documents
(Add all agencies participating in the common rule. Agencies should be listed in numerical order by CFR title number.)
AGENCY1
SUBAGENCY1
[CFR Citation]
[Docket ID]
[RIN]
SUBAGENCY2
[CFR Citation]
[Docket ID]
[RIN]
* * * * *
AGENCY_ X
[CFR Citation]
[Docket ID]
[RIN]
Document Subject Heading
AGENCY: [Subagency, Agency; Subagency, Agency; Subagency, Agency]
ACTION: [Notice of proposed rulemaking; Final rule]
SUMMARY:
DATES:
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: (add a contact for each participating agency)
SUPPLEMENTARY INFORMATION: (do not include common text structure or language in SUPPLEMENTARY INFORMATION)
[Begin SUPPINFO]
* * * * *
[End SUPPINFO]
List of Subjects
(The List of Subjects is the last item in the document preamble. Include a List of Subjects for each CFR part affected by the common rule.)
2. Add single words of issuance
Words of issuance provide the bridge from the preamble to the amendatory text (i.e., the text of common rule). There should be only one set of Words of Issuance in the common rule.
Proposed rule language: For the reasons discussed in the preamble, the agencies propose to amend [list CFR parts affected] and adopt the common text as follows:
Final rule language: For the reasons discussed in the preamble, the agencies amend [list CFR parts affected] and adopt the common rule text as follows:
Agencies may also break out words of issuance to highlight agency-specific authority, but those break-outs are still part of the single set of words of issuance. For example:
For the reasons discussed in the preamble -
AGENCY1 amends [list AGENCY1 CFR parts affected], and
under [include specific authority], AGENCY2 amends [list AGENCY2 CFR parts affected], and
under [include specific authority], AGENCY3 amends [list AGENCY3 CFR parts affected], and
the agencies adopt the common rule text as follows:
3. Draft the text of the common rule (for all agencies) as follows:
a. Format and placement
Insert the amendatory text that will be adopted by each agency immediately after the words of issuance, using the bracketed headings to show the beginning and ending of the common rule. Leave the part number blank. For example:
[Begin Common Rule text]
PART _______ [Part Heading]
Table of Contents
Subpart A - [Subpart A Heading]
Sec.
_____.11 [Section heading.]
_____.12 [Section heading.]
_____.13 [Section heading.]
Authority:
Subpart A - [Subpart A Heading]
§ _____.11 [Section heading.]
(a) text
(b) text
§ _____.12 [Section heading.]
(a) text
(b) text
§ _____.13 [Section heading.]
(a) text
(b) text
[End Common Rule text]
b. Cross-references
For internal cross-references within the common rule, do not include a part number. Continue to use § ___.11. The OFR will complete the citation when amending the CFR.
c. Agency names and leadership titles
Use [AGENCY] and [AGENCY HEAD] in place of a specific agency name and title throughout the common rule text. The OFR will substitute each agency’s official name for [AGENCY], unless the agency provides an alternative name in its agency-specific instructions. The agency must provide specific text to use in place of [AGENCY HEAD].
d. Definitions sections
Use alphabetical order for definitions in a definitions section. However, if even one agency must add an agency-specific definition or revise a common rule definition with agency-specific language, designate the definition using paragraphs instead.
4. Add agency-specific instructions and text
Following the common rule text, in CFR title and part order (lowest to highest), each agency then sets out agency-specific amendatory instructions to further modify the common rule text or to make conforming amendments to existing regulations by revising the relevant paragraph(s).
Agencies may only use nomenclature changes to replace [AGENCY] and [AGENCY HEAD] and to update cross-references that are not internal to the agency.
5. All agencies sign
The signatures may appear before the Words of Issuance or at the end of the document.