Guide to Producing Successful Communications Products: Supplement to the Federal Highway Administration
Turner-Fairbank Highway Research Center R&D Communication Reference Guide
CHAPTER 8. OFFICE OF THE CHIEF COUNSEL REVIEW
Chapters 7–9 gives an overview of the Federal Highway Administration (FHWA) Office of Operations (HOP), Office of the Chief Counsel (HCC), and the Office of Public Affairs (HPA) review processes. Chapter 8 summarizes the HCC assessment.
Once the HOP Project Manager (PM) has a final draft version of an HOP product approved by the HOP Information Specialist and Marketing and Outreach Coordinator, the next step is for the Coordinator to forward the report to HCC for their “Good Guidance” review.
The HCC standard turnaround time is 10 Federal business days. The Coordinator will convey HCC’s approval or recommended changes to the HOP PM.
The Marketing and Outreach Coordinator cannot simultaneously submit an HOP product to both HCC and HPA. HCC changes to HOP products are common and any HOP product transmitted to HPA must be in final form.
The HCC has released the following background information on their evaluation process:
On January 18, 2007, President George W. Bush issued Executive Order (EO) 13422 "Further Amendment to executive Order 12866 on Regulatory Planning and Review" (72 FR 2763). This action amended Executive Order 12866 to expand the applicability of its provisions to guidance documents issued by Federal agencies. The primary focus of EO 13422 is on improving the way the Federal government does business with respect to guidance documents – by increasing their quality, transparency, accountability, and coordination. The EO makes clear that when an agency issues a guidance document that has a significant impact on society, the guidance document should be subject to an appropriate level of review – by the public, within an agency, and by other Federal agencies.
- Guidance Documents. Agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue.
- Types of guidance documents covered by the Executive Order. All guidance materials regardless of format, including guidance offered through video, audio tapes, interactive web-based software, or other innovative formats.
- Types of guidance documents not covered by the Executive Order. Guidance documents such as legal advisory opinions for internal Executive Branch use and not for release; briefs and other positions taken by agencies in investigations, pre-litigation, litigation, or other enforcement proceedings; speeches; editorials; media interviews; press materials; Congressional correspondence; grant solicitations; purely internal agency policies; and internal operation guidance directed solely to other Federal agencies. Information collections, discretionary grant application packages, and compliance monitoring reports also are not significant guidance documents.
