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Title 1—General

Provisions
Part

CHAPTER I—Administrative Committee of the Federal Reg-


ister .................................................................................... 1
CHAPTER II—Office of the Federal Register ........................... 51
CHAPTER III—Administrative Conference of the United
States ................................................................................. 301
CHAPTER IV—Miscellaneous Agencies .................................... 425
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CHAPTER I—ADMINISTRATIVE COMMITTEE OF
THE FEDERAL REGISTER

SUBCHAPTER A—GENERAL

Part Page
1 Definitions .............................................................. 5
2 General information ................................................ 5
3 Services to the public .............................................. 6
SUBCHAPTER B—THE FEDERAL REGISTER

5 General .................................................................... 8
6 Indexes and ancillaries ............................................ 9
SUBCHAPTER C—SPECIAL EDITIONS OF THE FEDERAL REGISTER

8 Code of Federal Regulations ................................... 11


9 The United States Government Manual .................. 12
10 Presidential Papers ................................................. 13
SUBCHAPTER D—AVAILABILITY OF OFFICE OF THE FEDERAL REGISTER
PUBLICATIONS

11 Subscriptions .......................................................... 15
12 Official distribution within Federal Government ... 16
SUBCHAPTER E—PREPARATION, TRANSMITTAL, AND PROCESSING OF
DOCUMENTS

15 Services to Federal agencies ................................... 19


16 Agency representatives ........................................... 19
17 Filing for public inspection and publication sched-
ules ....................................................................... 20
18 Preparation and transmittal of documents gen-
erally .................................................................... 22
19 Executive orders and Presidential proclamations .. 25
20 Handling of The United States Government Man-
ual statements ..................................................... 26
21 Preparation of documents subject to codification .. 28
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22 Preparation of notices and proposed rules .............. 32


23–49 [Reserved]

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SUBCHAPTER A—GENERAL

PART 1—DEFINITIONS 2.2 Administrative Committee of the Fed-


eral Register.
2.3 Office of the Federal Register; location;
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, office hours.
19 FR 2709; 3 CFR, 1954–1958 Comp., p.189. 2.4 General authority of Director.
2.5 Publication of statutes, regulations, and
§ 1.1 Definitions. related documents.
As used in this chapter, unless the 2.6 Unrestricted use.
context requires otherwise— AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530,
Administrative Committee means the 19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189; 1
Administrative Committee of the Fed- U.S.C. 112; 1 U.S.C. 113.
eral Register established under section
SOURCE: 37 FR 23603, Nov. 4, 1972, unless
1506 of title 44, United States Code; otherwise noted.
Agency means each authority, wheth-
er or not within or subject to review by § 2.1 Scope and purpose.
another agency, of the United States,
other than the Congress, the courts, (a) This chapter sets forth the poli-
the District of Columbia, the Common- cies, procedures, and delegations under
wealth of Puerto Rico, and the terri- which the Administrative Committee
tories and possessions of the United of the Federal Register carries out its
States; general responsibilities under chapter
Document includes any Presidential 15 of title 44, United States Code.
proclamation or Executive order, and (b) A primary purpose of this chapter
any rule, regulation, order, certificate, is to inform the public of the nature
code of fair competition, license, no- and uses of Federal Register publica-
tice, or similar instrument issued, pre- tions.
scribed, or promulgated by an agency;
Document having general applicability § 2.2 Administrative Committee of the
and legal effect means any document Federal Register.
issued under proper authority pre- (a) The Administrative Committee of
scribing a penalty or course of conduct, the Federal Register is established by
conferring a right, privilege, authority, section 1506 of title 44, United States
or immunity, or imposing an obliga- Code.
tion, and relevant or applicable to the
(b) The Committee consists of—
general public, members of a class, or
(1) The Archivist, or Acting Archi-
persons in a locality, as distinguished
from named individuals or organiza- vist, of the United States, who is the
tions; and Chairman;
Filing means making a document (2) An officer of the Department of
available for public inspection at the Justice designated by the Attorney
Office of the Federal Register during General; and
official business hours. A document is (3) The Public Printer or Acting Pub-
filed only after it has been received, lic Printer.
processed and assigned a publication (c) The Director of the Federal Reg-
date according to the schedule in part ister is the Secretary of the Com-
17 of this chapter. mittee.
Regulation and rule have the same (d) Any material required by law to
meaning. be filed with the Committee, and any
[37 FR 23603, Nov. 4, 1972, as amended at 50 correspondence, inquiries, or other ma-
FR 12466, Mar. 28, 1985] terial intended for the Committee or
which relate to Federal Register publi-
PART 2—GENERAL INFORMATION cations shall be sent to the Director of
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the Federal Register.


Sec.
2.1 Scope and purpose.

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§ 2.3 1 CFR Ch. I (1–1–16 Edition)

§ 2.3 Office of the Federal Register; lo- (c) Based on source materials that
cation; office hours. are officially related to the acts and
(a) The Office of the Federal Register documents filed under paragraph (a) of
is a component of the National Ar- this section, the Office also publishes
chives and Records Administration. ‘‘The United States Government Man-
(b) The Office is located at 800 North ual,’’ the ‘‘Public Papers of the Presi-
Capitol, NW., suite 700, Washington, dents of the United States,’’ the ‘‘Daily
DC. Compilation of Presidential Docu-
(c) The mailing address is: Office of ments,’’ the ‘‘FEDERAL REGISTER
the Federal Register, National Ar- Index,’’ and the ‘‘LSA (List of CFR
chives and Records Administration, Sections Affected).’’
Washington, DC 20408.
(d) Office hours are 8:45 a.m. to 5:15 [37 FR 23603, Nov. 4, 1972, as amended at 54
FR 9676, Mar. 7, 1989; 74 FR 3952, Jan. 21, 2009]
p.m., Monday through Friday, except
for official Federal holidays. § 2.6 Unrestricted use.
[37 FR 23603, Nov. 4, 1972, as amended at 54
Any person may reproduce or repub-
FR 9676, Mar. 7, 1989; 57 FR 40024, Sept. 1,
1992] lish, without restriction, any material
appearing in any regular or special edi-
§ 2.4 General authority of Director. tion of the FEDERAL REGISTER.
(a) The Director of the Federal Reg-
ister is delegated authority to admin- PART 3—SERVICES TO THE PUBLIC
ister generally this chapter, the related
provisions of chapter 15 of title 44, Sec.
United States Code, and the pertinent 3.1 Information services.
provisions of statutes and regulations 3.2 Public inspection of documents.
contemplated by section 1505 of title 44, 3.3 Reproduction and certification of copies
United States Code. of acts and documents.
(b) The Director may return to the AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530,
issuing agency any document sub- 19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189.
mitted for publication in the FEDERAL
REGISTER, or a special edition thereof, SOURCE: 37 FR 23604, Nov. 4, 1972, unless
if in the Director’s judgment the docu- otherwise noted.
ment does not meet the minimum re-
§ 3.1 Information services.
quirements of this chapter.
Except in cases where the time re-
[37 FR 23603, Nov. 4, 1972, as amended at 54
FR 9676, Mar. 7, 1989] quired would be excessive, information
concerning the publications described
§ 2.5 Publication of statutes, regula- in § 2.5 of this chapter and the original
tions, and related documents. acts and documents filed with the Of-
(a) The Director of the Federal Reg- fice of the Federal Register is provided
ister is responsible for the central fil- by the staff of that Office. However,
ing of the original acts enacted by Con- the staff may not summarize or inter-
gress and the original documents con- pret substantive text of any act or doc-
taining Executive orders and proclama- ument.
tions of the President, other Presi-
dential documents, regulations, and § 3.2 Public inspection of documents.
notices of proposed rulemaking and (a) Documents filed with the Office of
other notices, submitted to the Direc- the Federal Register pursuant to law
tor by officials of the executive branch are available for public inspection at
of the Federal Government. 800 North Capitol Street, NW., suite
(b) Based on the acts and documents
700, Washington, DC, during the Office
filed under paragraph (a) of this sec-
of the Federal Register office hours.
tion, the Office of the Federal Register
There are no formal inspection proce-
publishes the ‘‘slip laws,’’ the ‘‘United
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States Statutes at Large,’’ the daily dures or requirements.


FEDERAL REGISTER and the ‘‘Code of
Federal Regulations.’’

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Admin. Comm. of the Federal Register § 3.3

(b) The Director of the Federal Reg- § 3.3 Reproduction and certification of
ister shall cause each document re- copies of acts and documents.
ceived by the office to be filed for pub-
The regulations for the public use of
lic inspection not later than the work-
records in the National Archives (36
ing day preceding the publication day
for that document. CFR parts 1252–1258) govern the fur-
(c) The Director shall cause to be nishing of reproductions of acts and
placed on the original and certified documents and certificates of authen-
copies of each document a notation of tication for them. Section 1258.14 of
the day and hour when it was filed and those regulations provides for the ad-
made available for public inspection. vance payment of appropriate fees for
(d) Photocopies of documents or ex- reproduction services and for certi-
cerpts may be made at the inspection fying reproductions.
desk.
[51 FR 27017, July 29, 1986, as amended at 54
[37 FR 23604, Nov. 4, 1972, as amended at 54 FR 9676, Mar. 7, 1989]
FR 9676, Mar. 7, 1989; 57 FR 40025, Sept. 1,
1992]
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SUBCHAPTER B—THE FEDERAL REGISTER

PART 5—GENERAL ries, and each other document that the


President submits for publication or
Sec. orders to be published.
5.1 Publication policy. (b) Each document or class of docu-
5.2 Documents required to be filed for pub- ments required to be published by act
lic inspection and published.
5.3 Publication of other documents.
of Congress.
5.4 Publication not authorized. (c) Each document having general ap-
5.5 Supplement to the Code of Federal Reg- plicability and legal effect.
ulations.
5.6 Daily publication. [37 FR 23604, Nov. 4, 1972, as amended at 54
5.7 Delivery and mailing. FR 9676, Mar. 7, 1989]
5.8 Form of citation.
5.9 Categories of documents. § 5.3 Publication of other documents.
5.10 Forms of publication.
Whenever the Director of the Federal
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, Register considers that publication of a
19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189.
document not covered by § 5.2 would be
SOURCE: 37 FR 23604, Nov. 4, 1972, unless in the public interest, the Director
otherwise noted. may allow that document to be filed
§ 5.1 Publication policy. for public inspection with the Office of
the Federal Register and published in
(a) Pursuant to chapter 15 of title 44, the FEDERAL REGISTER.
United States Code, and this chapter,
the Director of the Federal Register [54 FR 9676, Mar. 7, 1989]
shall publish a serial publication called
the FEDERAL REGISTER to contain the § 5.4 Publication not authorized.
following: (a) Chapter 15 of title 44, United
(1) Executive orders, proclamations, States Code, does not apply to treaties,
and other Presidential documents. conventions, protocols, or other inter-
(2) Documents required to be pub-
national agreements, or proclamations
lished therein by law.
thereof by the President.
(3) Documents accepted for publica-
tion under § 5.3. (b) Chapter 15 of title 44, United
(b) Each document required or au- States Code, prohibits the publication
thorized to be filed for publication in the FEDERAL REGISTER of comments
shall be published in the FEDERAL REG- or news items.
ISTER as promptly as possible, within (c) The Director of the Federal Reg-
limitations imposed by considerations ister may not accept any document for
of accuracy, usability, and reasonable filing and publication unless it is the
costs. official action of the agency concerned.
(c) In prescribing regulations gov- Chapter 15 of title 44, United States
erning headings, preambles, effective Code, does not authorize or require the
dates, authority citations, and similar filing and publication of other papers
matters of form, the Administrative from an agency.
Committee does not intend to affect
the validity of any document that is § 5.5 Supplement to the Code of Fed-
filed and published under law. eral Regulations.
§ 5.2 Documents required to be filed The FEDERAL REGISTER serves as a
for public inspection and published. daily supplement to the Code of Fed-
The following documents are re- eral Regulations. Each document that
quired to be filed for public inspection is subject to codification and published
with the Office of the Federal Register in a daily issue shall be keyed to the
and published in the FEDERAL REG- Code of Federal Regulations.
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ISTER:
(a) Presidential proclamations and
Executive orders in the numbered se-

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Admin. Comm. of the Federal Register § 6.3

§ 5.6 Daily publication. changes to regulations in the Code of


There shall be an edition of the FED- Federal Regulations, begin a rule-
ERAL REGISTER published for each offi-
making proceeding, and affect or relate
cial Federal working day. to other documents previously pub-
lished in the proposed rules section.
[54 FR 9676, Mar. 7, 1989] (d) Notices. This category contains
miscellaneous documents applicable to
§ 5.7 Delivery and mailing. the public and not covered by para-
The Government Printing Office graphs (a), (b), and (c) of this section.
shall distribute the FEDERAL REGISTER This category includes announcements
by delivery or by deposit at a post of- of meetings and other information of
fice at or before 9 a.m. on the publica- public interest.
tion day, except that each FEDERAL
[37 FR 23604, Nov. 4, 1972, as amended at 54
REGISTER dated for a Monday shall be FR 9676, Mar. 7, 1989]
deposited at a post office at or before 9
a.m. on the preceding Saturday. § 5.10 Forms of publication.
§ 5.8 Form of citation. Pursuant to section 1506 of title 44,
United States Code, the Administrative
Without prejudice to any other form Committee publishes the FEDERAL
of citation, FEDERAL REGISTER mate- REGISTER in the following formats:
rial may be cited by volume and page paper; microfiche; and online on GPO
number, and the short form ‘‘FR’’ may Access (44 U.S.C. 4101).
be used for ‘‘FEDERAL REGISTER’’. For
example, ‘‘37 FR 6803’’ refers to mate- [61 FR 68118, Dec. 27, 1996]
rial beginning on page 6803 of volume 37
of the daily issues. PART 6—INDEXES AND
ANCILLARIES
§ 5.9 Categories of documents.
Each document published in the FED- Sec.
ERAL REGISTER shall be placed under 6.1 Index to daily issues.
one of the following categories, as indi- 6.2 Analytical subject indexes.
cated: 6.3 Daily lists of parts affected.
6.4 Monthly list of sections affected.
(a) The President. This category con- 6.5 Indexes, digests, and guides.
tains each Executive order or Presi-
dential proclamation and each other AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530,
19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189.
Presidential document that the Presi-
dent submits for publication or orders SOURCE: 37 FR 23605, Nov. 4, 1972, unless
to be published. otherwise noted.
(b) Rules and regulations. This cat-
§ 6.1 Index to daily issues.
egory contains each document having
general applicability and legal effect, Each daily issue of the FEDERAL REG-
except those covered by paragraph (a) ISTER shall be appropriately indexed.
of this section. This category includes
documents subject to codification, gen- § 6.2 Analytical subject indexes.
eral policy statements concerning reg- Analytical subject indexes covering
ulations, interpretations of agency reg- the contents of the FEDERAL REGISTER
ulations, statements of organization shall be published as currently as prac-
and function, and documents that af- ticable and shall be cumulated and sep-
fect other documents previously pub- arately published at least once each
lished in the rules and regulations sec- calendar year.
tion.
(c) Proposed rules. This category con- § 6.3 Daily lists of parts affected.
tains each notice of proposed rule- (a) Each daily issue of the FEDERAL
making submitted pursuant to section REGISTER shall carry a numerical list
553 of title 5, United States Code, or of the parts of the Code of Federal Reg-
any other law, which if promulgated as ulations specifically affected by docu-
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a rule, would have general applica- ments published in that issue.


bility and legal effect. This category (b) Beginning with the second issue
includes documents that suggest of each month, each daily issue shall

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§ 6.4 1 CFR Ch. I (1–1–16 Edition)

also carry a cumulated list of the parts publication of indexes, digests, and
affected by documents published dur- similar guides, based on laws, Presi-
ing that month. dential documents, regulatory docu-
ments, and notice materials published
§ 6.4 Monthly list of sections affected. by the Office, which will serve users of
A monthly list of sections of the the FEDERAL REGISTER. Indexes, di-
Code of Federal Regulations affected gests, and similar guides will be pub-
shall be separately published on a cu- lished yearly or at other intervals as
mulative basis during each calendar necessary to keep them current and
year. The list shall identify the sec- useful.
tions of the Code specifically affected
(b) Each index, digest, and guide is
by documents published in the FED-
considered to be a special edition of the
ERAL REGISTER during the period it
covers. FEDERAL REGISTER whenever the public
need requires special printing or spe-
§ 6.5 Indexes, digests, and guides. cial binding in substantial numbers.
(a) The Director of the Federal Reg- [54 FR 9676, Mar. 7, 1989]
ister may order the preparation and
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SUBCHAPTER C—SPECIAL EDITIONS OF THE FEDERAL
REGISTER

PART 8—CODE OF FEDERAL notation to that effect may serve as


REGULATIONS the supplement for that year. More fre-
quent updating of any unit of the Code
Sec. may be made whenever the Director of
8.1 Policy. the Federal Register determines that
8.2 Orderly development. the content of the unit has been sub-
8.3 Periodic updating. stantially superseded or otherwise de-
8.4 Indexes. termines that such action would be
8.5 Ancillaries. consistent with the intent and purpose
8.6 Forms of publication. of the Administrative Committee as
8.7 Agency cooperation.
8.9 Form of citation.
stated in § 8.1.
(b) Staggered publication. The Code
AUTHORITY: 44 U.S.C. 1506, 1510; sec. 6, E.O. will be produced over a 12-month period
10530, 19 FR 2709, 3 CFR, 1954–1958 Comp., p. under a staggered publication system
189.
to be determined by the Director of the
SOURCE: 37 FR 23605, Nov. 4, 1972, unless Federal Register.
otherwise noted. (c) Cutoff dates. Each updated title of
the Code will reflect each amendment
§ 8.1 Policy.
to that title published as a codified
(a) Pursuant to chapter 15 of title 44, regulation in the FEDERAL REGISTER on
United States Code, the Director of the or before the ‘‘As of’’ date. Thus, each
Federal Register shall publish periodi- title updated as of July 1 each year will
cally a special edition of the FEDERAL reflect all amendatory documents ap-
REGISTER to present a compact and pearing in the daily FEDERAL REGISTER
practical code called the ‘‘Code of Fed- on or before July 1.
eral Regulations’’, to contain each Fed-
[37 FR 23605, Nov. 4, 1972, as amended at 54
eral regulation of general applicability
FR 9677, Mar. 7, 1989]
and legal effect.
(b) The Administrative Committee § 8.4 Indexes.
intends that every practical means be
A subject index to the entire Code
used to keep the Code as current and
shall be annually revised and sepa-
readily usable as possible, within limi-
rately published. An agency-prepared
tations imposed by dependability and
index for any individual book may be
reasonable costs.
published with the approval of the Di-
[37 FR 23605, Nov. 4, 1972, as amended at 54 rector of the Federal Register.
FR 9677, Mar. 7, 1989]
§ 8.5 Ancillaries.
§ 8.2 Orderly development.
The Code shall provide, among oth-
To assure orderly development of the ers, the following-described finding
Code of Federal Regulations along aids:
practical lines, the Director of the Fed- (a) Parallel tables of statutory authori-
eral Register may establish new titles ties and rules. In the Code of Federal
in the Code and rearrange existing ti- Regulations Index or at such other
tles and subordinate assignments. How- place as the Director of the Federal
ever, before taking an action under Register considers appropriate, numer-
this section, the Director shall consult ical lists of all sections of the current
with each agency directly affected by edition of the United States Code (ex-
the proposed change. cept section 301 of title 5) which are
cited by issuing agencies as rule-
§ 8.3 Periodic updating. making authority for currently effec-
(a) Criteria. Each book of the Code tive regulations in the Code of Federal
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shall be updated at least once each cal- Regulations. The lists shall be ar-
endar year. If no change in its contents ranged in the order of the titles and
has occurred during the year, a simple sections of the United States Code with

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§ 8.6 1 CFR Ch. I (1–1–16 Edition)

parallel citations to the pertinent ti- essary, set requirements for microfiche
tles and parts of the Code of Federal images, and oversee the organization
Regulations. and means of access to material in the
(b) Parallel tables of Presidential docu- online edition.
ments and agency rules. In the Code of
[65 FR 8843, Feb. 23, 2000]
Federal Regulations Index, or at such
other place as the Director of the Fed- § 8.7 Agency cooperation.
eral Register considers appropriate, ta-
bles of proclamations, Executive or- Each agency shall cooperate in keep-
ders, and similar Presidential docu- ing publication of the Code current by
ments which are cited as rulemaking complying promptly with deadlines set
authority in currently effective regula- by the Director of the Federal Register
tions in the Code of Federal Regula- and the Public Printer.
tions. § 8.9 Form of citation.
(c) List of CFR sections affected. Fol-
lowing the text of each Code of Federal The Code of Federal Regulations may
Regulations volume, a numerical list be cited by title and section, and the
of sections which are affected by docu- short form ‘‘CFR’’ may be used for
ments published in the FEDERAL REG- ‘‘Code of Federal Regulations.’’ For ex-
ISTER. (Separate volumes, ‘‘List of Sec- ample, ‘‘1 CFR 10.2’’ refers to title 1,
tions Affected, 1949–1963’’ and ‘‘List of Code of Federal Regulations, part 10,
CFR Sections Affected, 1964–1972’’, list section 2.
all sections of the Code which have
been affected by documents published PART 9—THE UNITED STATES
during the period January 1, 1949, to GOVERNMENT MANUAL
December 31, 1963, and January 1, 1964,
to December 31, 1972, respectively.) 1 Sec.
Listings shall refer to FEDERAL REG- 9.1 Publication required.
ISTER pages and shall be designed to en- 9.2 Scope.
able the user of the Code to find the AUTHORITY: 5 U.S.C. 552; 44 U.S.C. 1506; sec.
precise text that was in effect on a 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954–1958
given date in the period covered. Comp., p. 189.

[37 FR 23605, Nov. 4, 1972, as amended at 54 SOURCE: 76 FR 6312, Feb. 4, 2011, unless oth-
FR 9677, Mar. 7, 1989] erwise noted.

§ 8.6 Forms of publication. § 9.1 Publication required.


(a) Under section 1506 of title 44, (a) The Director publishes a special
United States Code, the Administrative edition of the FEDERAL REGISTER called
Committee authorizes publication of ‘‘The United States Government Man-
the Code of Federal Regulations in the ual’’ as authorized by the Administra-
following formats: tive Committee.
(1) Paper; (b) The Director may update the
(2) Microfiche; and Manual when such supplementation is
(3) Online on GPO Access (44 US.C. considered to be in the public interest.
4101).
§ 9.2 Scope.
(b) The Director of the Federal Reg-
ister is authorized to regulate the for- (a) The Manual will contain appro-
mat of the Code of Federal Regulations priate information about the Execu-
according to the needs of users and tive, Legislative, and Judicial branches
compatibility with the facilities of the of the Federal Government, which for
Government Printing Office. The Di- the major Executive agencies will in-
rector may provide for the Code of Fed- clude—
eral Regulations to be printed in as (1) Descriptions of the agency’s legal
many separately bound books as nec- authorities, public purposes, programs,
and functions;
1 A three volume set, ‘‘List of CFR Sections (2) Established places and methods
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Affected, 1973–1985’’, lists all sections of the whereby the public may obtain infor-
Code which have been affected during the pe- mation and make submittals or re-
riod January 1, 1973 to December 31, 1985. quests; and

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Admin. Comm. of the Federal Register § 10.13

(3) Lists of officials heading major (1) Announcements of Presidential


operating units. appointments and nominations;
(b) The Manual will also contain brief (2) White House statements and an-
information about quasi-official agen- nouncements on miscellaneous sub-
cies and supplemental information jects;
that, in the opinion of the Director, is (3) Statements by the Press Sec-
of enough public interest to warrant. retary or Deputy Press Secretary;
(4) Statements and news conferences
PART 10—PRESIDENTIAL PAPERS by senior administration officials; and
(5) Fact sheets.
Subpart A—Regular Publication
[50 FR 12467, Mar. 28, 1985, as amended at 74
Sec. FR 3952, Jan. 21, 2009]
10.1 Publication required.
10.2 Scope and sources. § 10.3 Format.
10.3 Format. The Daily Compilation of Presi-
Subpart B—Annual Publication dential Documents is published online
on the Government Printing Office ac-
10.10 Publication required. cess system.
10.11 Scope and sources.
10.12 Format, indexes, and ancillaries. [74 FR 3952, Jan. 21, 2009]
10.13 Coverage of prior years.
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, Subpart B—Annual Publication
19 FR 2709, 3 CFR, 1954–1958 Comp., p. 189.
§ 10.10 Publication required.
SOURCE: 50 FR 12467, Mar. 28, 1985, unless
otherwise noted. The Director of the Federal Register
shall publish annually a special edition
Subpart A—Regular Publication of the FEDERAL REGISTER called the
‘‘Public Papers of the Presidents of the
§ 10.1 Publication required. United States’’.
The Director publishes a special edi- § 10.11 Scope and sources.
tion of the FEDERAL REGISTER com-
piling recent presidential documents, The basic text of the Public Papers
called ‘‘The Daily Compilation of Pres- consists of the documents compiled
idential Documents.’’ under subpart A of this part.
[74 FR 3952, Jan. 21, 2009] [74 FR 3952, Jan. 21, 2009]

§ 10.2 Scope and sources. § 10.12 Format, indexes, and ancil-


laries.
(a) The text of the publication con-
sists of oral statements by the Presi- (a) Each publication covers one cal-
dent or of writing subscribed by the endar year, unless procedures require
President, and selected from tran- otherwise, and is divided into books ac-
scripts or text issued by the Office of cording to the amount of material to
the White House Press Secretary, in- be included. The publication is pub-
cluding— lished in the binding and style that the
(1) Communications to Congress; Administrative Committee of the Fed-
(2) Public addresses and remarks; eral Register considers suitable to the
(3) News conferences and interviews; dignity of the Office of the President of
(4) Public messages and letters; the United States.
(5) Statements released on miscella- (b) Each publication is appropriately
neous subjects; and indexed and contains additional ancil-
(6) Formal executive documents pro- lary information and illustrative mate-
mulgated in accordance with law. rial respecting significant Presidential
(b) In addition, each publication in- documents and activities.
cludes selections, either in full text or
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ancillary form, from the following § 10.13 Coverage of prior years.


groups of documents, when issued by The Administrative Committee may
the Press Office. authorize the publication of volumes of

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§ 10.13 1 CFR Ch. I (1–1–16 Edition)

papers of the Presidents covering speci- with the National Historical Publica-
fied years before 1945 after consulting tions and Records Commission.
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SUBCHAPTER D—AVAILABILITY OF OFFICE OF THE FEDERAL
REGISTER PUBLICATIONS

PART 11—SUBSCRIPTIONS pages; and $33 for an issue containing


more than 400 pages. Single issues of
Sec. the microfiche edition may be pur-
11.1 Subscription by the public. chased for $3 per copy, including post-
11.2 Federal Register. age.
11.3 Code of Federal Regulations. (b) The online edition of the FEDERAL
11.4 The United States Government Manual. REGISTER, issued under the authority
11.5 Public Papers of the Presidents of the of the Administrative Committee, is
United States.
11.6 [Reserved]
available on GPO Access, a service of
11.7 Federal Register Index. the Government Printing Office (44
11.8 LSA (List of CFR Sections Affected). U.S.C. 4101).
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, [61 FR 68119, Dec. 27, 1996, as amended at 65
19 FR 2709, 3 CFR, 1954–1958 Comp., p. 189. FR 8843, Feb. 23, 2000; 66 FR 44524, Aug. 24,
2001; 69 FR 12783, Mar. 18, 2004]
SOURCE: 54 FR 9677, Mar. 7, 1989, unless oth-
erwise noted.
§ 11.3 Code of Federal Regulations.
§ 11.1 Subscription by the public. (a) The subscription price for a com-
The Government Printing Office pro- plete set of the Code of Federal Regula-
duces the paper and microfiche edi- tions is $1,019 per year for the bound,
tions of the publications described in paper edition, or $247 per year for the
§ 2.5 of this chapter, and the Super- microfiche edition. Those prices ex-
intendent of Documents, Government clude postage. The prevailing postal
Printing Office, Washington, DC 20402, rates will be applied to orders accord-
makes them available for sale to the ing to the delivery method requested.
public. All fees are payable in advance The Government Printing Office sells
to the Superintendent of Documents, individual volumes of the paper edition
Government Printing Office. They are of the Code of Federal Regulations at
not available for free distribution to prices determined by the Super-
the public. intendent of Documents under the gen-
eral direction of the Administrative
[54 FR 9677, Mar. 7, 1989, as amended at 61 FR Committee. The price of a single vol-
68118, Dec. 27, 1996]
ume of the microfiche edition is $4 per
§ 11.2 Federal Register. copy, including postage.
(b) The online edition of the Code of
(a) The subscription price for the Federal Regulations, issued under the
paper edition of the daily FEDERAL authority of the Administrative Com-
REGISTER is $749 per year. A combined mittee, is available on GPO Access, a
subscription to the daily FEDERAL REG- service of the Government Printing Of-
ISTER, the monthly FEDERAL REGISTER
fice (44 U.S.C. 4101).
Index, and the monthly LSA (List of
CFR Sections Affected) is $808 per year [65 FR 8843, Feb. 23, 2000, as amended at 66
for the paper edition, or $165 per year FR 44524, Aug. 24, 2001; 69 FR 12783, Mar. 18,
for the microfiche edition. Six-month 2004]
subscriptions for the paper and micro-
fiche editions are also available at one- § 11.4 The United States Government
Manual.
half the annual rate. Those prices ex-
clude postage. The prevailing postal (a) The online edition of the Manual,
rates will be applied to orders accord- issued under the authority of the Ad-
ing to the delivery method requested. ministrative Committee, is available
The price of a single copy of the daily through the Government Printing Of-
FEDERAL REGISTER, including postage, fice’s Web site.
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is based on the number of pages: $11 for (b) Copies of a bound, paper edition of
an issue containing less than 200 pages; the Manual may be sold at a price de-
$22 for an issue containing 200 to 400 termined by the Superintendent of

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§ 11.5 1 CFR Ch. I (1–1–16 Edition)

Documents under the general direction more than five copies of each daily
of the Administrative Committee. issue based on a written request to the
[76 FR 6313, Feb. 4, 2011]
Director of the Federal Register.
(2) Congressional committees. Each
§ 11.5 Public Papers of the Presidents committee of the Senate and the House
of the United States. of Representatives will be provided
Copies of annual clothbound volumes with the number of copies needed for
are sold at a price determined by the official use based on a written request
Superintendent of Documents under from the chairperson, or authorized
the general direction of the Adminis- delegate, to the Director of the Federal
trative Committee. Register.
(3) Supreme Court. The Supreme Court
§ 11.6 [Reserved] will be provided with the number of
copies needed for official use based on
§ 11.7 Federal Register Index. a written request to the Director of the
The annual subscription price for the Federal Register.
monthly FEDERAL REGISTER Index, pur- (4) Other courts. Other constitutional
chased separately, in paper form, is $29. or legislative courts of the United
The price excludes postage. The pre- States will be provided with the num-
vailing postal rates will be applied to ber of copies needed for official use
orders according to the delivery meth- based on a written request from the Di-
od requested. rector of the Administrative Office of
[69 FR 12783, Mar. 18, 2004] the U.S. Courts, or authorized delegate,
to the Director of the Federal Register.
§ 11.8 LSA (List of CFR Sections Af- (5) Executive agencies. Each Federal
fected). executive agency will be provided with
The annual subscription price for the the number of copies needed for official
monthly LSA (List of CFR Sections Af- use based on a written request from the
fected), purchased separately, in paper agency Federal Register authorizing
form, is $30. The price excludes post- officer, or the alternate, designated
age. The prevailing postal rates will be under § 16.1 of this chapter, to the Di-
applied to orders according to the de- rector of the Federal Register.
livery method requested. (b) Requisitions for quantity over-
[69 FR 12783, Mar. 18, 2004]
runs of specific issues to be paid for by
the agency are available as follows:
(1) To meet its needs for special dis-
PART 12—OFFICIAL DISTRIBUTION tribution of the FEDERAL REGISTER in
WITHIN FEDERAL GOVERNMENT substantial quantity, any agency may
request an overrun of a specific issue.
Sec.
12.1 Federal Register.
(2) An advance printing and binding
12.2 Code of Federal Regulations. requisition on Standard Form 1 must
12.4 Weekly Compilation of Presidential be submitted by the agency directly to
Documents. the Government Printing Office, to be
12.5 Public Papers of the Presidents of the received not later than 12 noon on the
United States. working day before publication.
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, (c) Requisitions for quantity over-
19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189. runs of separate part issues to be paid
SOURCE: 54 FR 9678, Mar. 7, 1989, unless oth- for by the agency are available as fol-
erwise noted. lows:
(1) Whenever it is determined by the
§ 12.1 Federal Register. Director of the Federal Register to be
(a) Copies of the daily FEDERAL REG- in the public interest, one or more doc-
ISTER in paper or microfiche form shall uments may be published as a separate
be made available to the following part (e.g., part II, part III) of the FED-
without charge: ERAL REGISTER.
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(1) Members of Congress. Each Senator (2) Advance arrangements for this
and each Member of the House of Rep- service must be made with the Office of
resentatives will be provided with not the Federal Register.

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Admin. Comm. of the Federal Register § 12.4

(3) Any agency may request an over- press run, of a printing and binding
run of such a separate part by submit- requisition to the Government Print-
ting an advance printing and binding ing Office on Standard Form 1.
requisition on Standard Form 1 di- (c) After the press run, each request
rectly to the Government Printing Of- for extra copies of selected units of the
fice, to be received not later than 12 Code must be addressed to the Super-
noon on the working day before the intendent of Documents, to be paid for
publication date. by the agency making the request.
(d) An agency may order limited
quantities of extra copies of a specific § 12.4 Weekly Compilation of Presi-
issue of the FEDERAL REGISTER for offi- dential Documents.
cial use, from the Superintendent of (a) Copies of the Weekly Compilation
Documents, to be paid for by that of Presidential Documents shall be
agency. made available to the following with-
(e) Copies of the Federal Register out charge:
Index and LSA (List of CFR Sections (1) Members of Congress. Each Senator
Affected) are included with each FED- and each Member of the House of Rep-
ERAL REGISTER official distribution. resentatives will be provided with the
number of copies needed for official use
§ 12.2 Code of Federal Regulations. based on a written request to the Di-
(a) Copies of the Code of Federal Reg- rector of the Federal Register.
ulations in paper or microfiche form (2) Congressional committees. Each
shall be made available to the fol- committee of the Senate and the House
lowing without charge: of Representatives will be provided
(1) Congressional committees. Each with the number of copies needed for
committee of the Senate and House of official use based on a written request
Representatives will be provided with from the chairperson, or authorized
the number of copies needed for official delegate, to the Director of the Federal
use based on a written request from the Register.
chairperson, or authorized delegate, to (3) Supreme Court. The Supreme Court
the Director of the Federal Register. will be provided with the number of
(2) Supreme Court. The Supreme Court copies needed for official use based on
will be provided with the number of a written request to the Director of the
copies needed for official use based on Federal Register.
a written request to the Director of the (4) Other courts. Other constitutional
Federal Register. and legislative courts of the United
(3) Other courts. Other constitutional States will be provided with the num-
and legislative courts of the United ber of copies needed for official use
States will be provided with the num- based on a written request from the Di-
ber of copies needed for official use rector of the Administrative Office of
based on a written request from the Di- the U.S. Courts, or authorized delegate,
rector of the Administrative Office of to the Director of the Federal Register.
the U.S. Courts, or authorized delegate, (5) Executive agencies. Each Federal
to the Director of the Federal Register. executive agency will be provided with
(4) Executive agencies. Each Federal the number of copies needed for official
executive agency will be provided with use based on a written request from the
the number of copies needed for official agency Federal Register authorizing
use, not to exceed 300 copies of indi- officer, or the alternate designated
vidual titles per agency, based on a under § 16.1 of this chapter, to the Di-
written request from the agency Fed- rector of the Federal Register.
eral Register authorizing officer, or the (b) Legislative, judicial, and execu-
alternate, designated under § 16.1 of tive agencies of the Federal Govern-
this chapter, to the Director of the ment may obtain additional copies of
Federal Register. selected issues of the Weekly Compila-
(b) Legislative, judicial, and execu- tion of Presidential Documents, at
tive agencies of the Federal Govern- cost, for official use, by submission, be-
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ment may obtain additional copies of fore the press run, of a printing and
selected units of the Code, at cost, for binding requisition to the Government
official use, by submission, before the Printing Office on a Standard Form 1.

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§ 12.5 1 CFR Ch. I (1–1–16 Edition)

(c) After the press run, each request written request to the Director of the
for extra copies of selected issues must Federal Register.
be addressed to the Superintendent of (3) Executive agencies. Each head of a
Documents, to be paid for by the agen- Federal executive agency will be pro-
cy making the request. vided with one copy of each annual
publication based on a written request
§ 12.5 Public Papers of the Presidents from the agency Federal Register au-
of the United States. thorizing officer, or the alternate, des-
(a) Copies of the Public Papers of the ignated under § 16.1 of this chapter, to
Presidents of the United States shall the Director of the Federal Register.
be made available to the following (b) Legislative, judicial, and execu-
without charge: tive agencies of the Federal Govern-
(1) Members of Congress. Each Senator ment may obtain additional copies, at
and each Member of the House of Rep- cost, for official use, by submission be-
resentatives will be provided with one fore the press run, of a printing and
copy of each annual publication pub- binding requisition to the Government
lished during the Member’s term in of- Printing Office on Standard Form 1.
fice based on a written request to the (c) After the press run, each request
Director of the Federal Register. for extra copies must be addressed to
(2) Supreme Court. The Supreme Court the Superintendent of Documents, to
will be provided with not more than 12 be paid for by the agency making the
copies of each publication based on a request.
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SUBCHAPTER E—PREPARATION, TRANSMITTAL, AND
PROCESSING OF DOCUMENTS

PART 15—SERVICES TO FEDERAL § 15.4 Reproduction and certification


AGENCIES of copies of acts and documents.
The Director of the Federal Register
Subpart A—General shall furnish to requesting agencies, at
cost, reproductions or certified copies
Sec. of original acts and documents filed
15.1 Cooperation. with that Office that are needed for of-
15.2 Information services. ficial use unless funds are appropriated
15.3 Staff assistance. for that purpose.
15.4 Reproduction and certification of cop-
ies of acts and documents. [50 FR 12468, Mar. 28, 1985, as amended at 54
FR 9679, Mar. 7, 1989]
Subpart B—Special Assistance
15.10 Information on drafting and publica-
Subpart B—Special Assistance
tion.
§ 15.10 Information on drafting and
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, publication.
19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189. The Director of the Federal Register
SOURCE: 37 FR 23607, Nov. 4, 1972, unless may prepare, and distribute to agen-
otherwise noted. cies, information and instructions de-
signed to promote effective compliance
Subpart A—General with the purposes of chapter 15 of title
44, United States Code, sections 552–553
§ 15.1 Cooperation. of title 5, United States Code, related
statutes, and this chapter. The Direc-
The Director of the Federal Register
tor may also develop and conduct pro-
shall assist each agency in complying
grams of technical instruction.
with the pertinent publication laws to
assure efficient public service in pro-
mulgating administrative documents PART 16—AGENCY
having the effect of legal notice or of REPRESENTATIVES
law.
Sec.
§ 15.2 Information services. 16.1 Designation.
16.2 Liaison duties.
The Director of the Federal Register 16.3 Certifying duties.
shall provide for the answering of each 16.4 Authorizing duties.
appropriate inquiry presented in per- AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530,
son, by telephone, or in writing. Each 19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189.
written communication and each mat-
SOURCE: 37 FR 23608, Nov. 4, 1972, unless
ter involving the Administrative Com-
otherwise noted.
mittee shall be sent to the Director,
Office of the Federal Register, National § 16.1 Designation.
Archives and Records Administration,
Washington, DC 20408. (a) Each agency shall designate, from
its officers or employees, persons to
[50 FR 12468, Mar. 28, 1985] serve in the following capacities with
relation to the Office of the Federal
§ 15.3 Staff assistance. Register:
The staff of the Office of the Federal (1) A liaison officer and an alternate.
Register shall provide informal assist- (2) A certifying officer and an alter-
ance and advice to officials of the var- nate.
ious agencies with respect to general or (3) An authorizing officer and an al-
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specific programs of regulatory draft- ternate.


ing, procedures, and promulgation The same person may be designated to
practices. serve in one or more of these positions.

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§ 16.2 1 CFR Ch. I (1–1–16 Edition)

(b) In choosing its liaison officer, Compilation of Presidential Documents


each agency should consider that this for official use.
officer will be the main contact be-
[54 FR 9679, Mar. 7, 1989]
tween that agency and the Office of the
Federal Register and that the liaison
officer will be charged with the duties PART 17—FILING FOR PUBLIC IN-
set forth in § 16.2. Therefore, the agency SPECTION AND PUBLICATION
should choose a person who is directly SCHEDULES
involved in the agency’s regulatory
program. Sec.
(c) Each agency shall notify the Di-
rector of the name, title, address, and Subpart A—Receipt and Processing
telephone number of each person it des- 17.1 Receipt and processing.
ignates under this section and shall
promptly notify the Director of any Subpart B—Regular Schedule
changes.
17.2 Procedure and timing for regular sched-
§ 16.2 Liaison duties. ule.
Each agency liaison officer shall— Subpart C—Emergency Schedule
(a) Represent the agency in all mat-
ters relating to the submission of docu- 17.3 Criteria for emergency publication.
ments to the Office of the Federal Reg- 17.4 Procedure and timing for emergency
ister, and respecting general compli- publication.
ance with this chapter; 17.5 Criteria for emergency filing for public
inspection.
(b) Be responsible for the effective
17.6 Procedure and timing for emergency
distribution and use within the agency filing for public inspection.
of Federal Register information on
document drafting and publication as- Subpart D—Deferred Schedule
sistance authorized by § 15.10 of this
chapter; 17.7 Criteria for deferred schedule.
(c) Promote the agency’s participa- AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530,
tion in the technical instruction au- 19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189.
thorized by § 15.10 of this chapter; and
SOURCE: 37 FR 23608, Nov. 4, 1972, unless
(d) Be available to discuss documents otherwise noted.
submitted for publication with the edi-
tors of the FEDERAL REGISTER.
Subpart A—Receipt and
[54 FR 9679, Mar. 7, 1989] Processing
§ 16.3 Certifying duties. § 17.1 Receipt and processing.
The agency certifying officer is re- Unless special arrangements are
sponsible for attaching the required made with the Director of the Federal
number of true copies of each original Register, the Office of the Federal Reg-
document submitted by the agency to ister receives documents only during
the Office of the Federal Register and official working hours. Upon receipt,
for making the certification required each document shall be held for con-
by §§ 18.5 and 18.6 of this chapter. fidential processing until it is filed for
[54 FR 9679, Mar. 7, 1989] public inspection.

§ 16.4 Authorizing duties. Subpart B—Regular Schedule


The agency authorizing officer is re-
sponsible for furnishing, to the Direc- § 17.2 Procedure and timing for reg-
tor of the Federal Register, a current ular schedule.
mailing list of officers or employees of (a) Each document received shall be
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the agency who are authorized to re- filed for public inspection only after it
ceive the FEDERAL REGISTER, the Code has been received, processed and as-
of Federal Regulations, and the Weekly signed a publication date.

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Admin. Comm. of the Federal Register § 17.6

(b) Except as provided in paragraph § 17.4 Procedure and timing for emer-
(d) of this section, each document re- gency publication.
ceived by 2:00 p.m. which meets the re- (a) Each agency requesting publica-
quirements of this chapter shall be as- tion on the emergency schedule shall
signed to the regular schedule. Unless briefly describe the emergency and the
the issuing agency makes special ar- benefits to be attributed to immediate
rangements otherwise, or the Office de- publication in the FEDERAL REGISTER.
termines that the document requires a The request must be made by letter.
deferred schedule (see 1 CFR 17.7), re- (b) The Director of the Federal Reg-
ceipt of a document by 2:00 p.m. is con- ister shall assign a document to the
sidered to be a request for filing for emergency schedule whenever the Di-
public inspection and publication on rector concurs with a request for that
the regular schedule. Documents re- action and it is feasible.
ceived after 2:00 p.m. which meet the (c) Each document assigned to the
requirements of this chapter shall be emergency schedule shall be published
assigned to the next working day’s reg- as soon as possible.
ular schedule. (d) Each document assigned to the
(c) The regular schedule for filing for emergency schedule for publication
public inspection and publication is as will be filed for public inspection on
follows: the working day before publication un-
less emergency filing for public inspec-
Received before Filed for public in- Published tion is also requested.
2:00 p.m. spection
[37 FR 23608, Nov. 4, 1972, as amended at 54
Monday ................. Wednesday .......... Thursday FR 9680, Mar. 7, 1989]
Tuesday ................ Thursday .............. Friday
Wednesday ........... Friday ................... Monday § 17.5 Criteria for emergency filing for
Thursday ............... Monday ................ Tuesday public inspection.
Friday .................... Tuesday ............... Wednesday
An agency may request emergency
filing for public inspection for docu-
Where a legal Federal holiday inter-
ments to be published under the reg-
venes, one additional work day is
ular, emergency or deferred publica-
added.
tion schedules. Emergency filing for
(d) Each notice of meeting issued public inspection provides for the fast-
under the ‘‘Government in the Sun- est possible public access to a docu-
shine Act’’ (5 U.S.C. 552b(e)(3)) is placed ment after it has been received, proc-
on immediate public inspection after it essed and assigned a publication date.
has been received, processed, and as- Emergency filing for public inspection
signed a publication date. is considered a special arrangement
(1) Each notice received before 4:00 under § 17.2 of this part that results in
p.m. is scheduled to be published 2 deviation from the regular schedule for
working days later. filing for public inspection. A docu-
(2) Each notice received after 4:00 ment receiving emergency filing for
p.m. is scheduled to be published 3 public inspection remains on public in-
working days later. spection until it is published according
[54 FR 9680, Mar. 7, 1989]
to the schedule for publication.
[54 FR 9680, Mar. 7, 1989]
Subpart C—Emergency Schedule § 17.6 Procedure and timing for emer-
gency filing for public inspection.
§ 17.3 Criteria for emergency publica-
tion. (a) Each agency requesting emer-
gency filing for public inspection shall
The emergency schedule is designed
briefly describe the emergency and the
to provide the fastest possible publica-
benefits to be attributed to immediate
tion of a document involving the pre-
public access. The request must be
vention, alleviation, control, or relief
made by letter.
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of an emergency situation.
(b) The Director of the Federal Reg-
[37 FR 23608, Nov. 4, 1972, as amended at 54 ister shall approve an emergency filing
FR 9680, Mar. 7, 1989] for public inspection request whenever

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§ 17.7 1 CFR Ch. I (1–1–16 Edition)

the Director concurs with a request for § 18.1 Original and copies required.
that action and it is feasible. Except as provided in § 19.2 of this
(c) Each document approved for subchapter for Executive orders and
emergency filing for public inspection proclamations, each agency submitting
shall be filed as soon as possible fol- a document to be filed and published in
lowing processing and scheduling. the FEDERAL REGISTER shall send an
[54 FR 9680, Mar. 7, 1989] original and two duplicate originals or
certified copies. 1 However, if the docu-
Subpart D—Deferred Schedule ment is printed or processed on both
sides, one of the copies sent by the
§ 17.7 Criteria for deferred schedule. agency must be a collated, single-sided
copy.
(a) A document may be assigned to
the deferred schedule under the fol- [54 FR 9680, Mar. 7, 1989]
lowing conditions:
(1) There are technical problems, un- § 18.2 Prohibition on combined cat-
egory documents.
usual or lengthy tables, or illustra-
tions, or the document is of such size (a) The Director of the Federal Reg-
as to require extraordinary processing ister will not accept a document for fil-
time. ing and publication if it combines ma-
(2) The agency concerned requests a terial that must appear under more
deferred publication date. than one category in the FEDERAL REG-
(b) The Office of the Federal Register ISTER. For example, a document may
staff will notify the agency if its docu- not contain both rulemaking and no-
ments must be assigned to a deferred tice of proposed rulemaking material.
schedule. (b) Where two related documents are
to be published in the same FEDERAL
[37 FR 23608, Nov. 4, 1972, as amended at 54 REGISTER issue, the agency may insert
FR 9680, Mar. 7, 1989; 54 FR 23343, May 31, a cross-reference in each document.
1989]
[54 FR 9680, Mar. 7, 1989]
PART 18—PREPARATION AND § 18.3 Submission of documents and
TRANSMITTAL OF DOCUMENTS letters of transmittal.
GENERALLY (a) Each document authorized or re-
quired by law to be filed for public in-
Sec. spection with the Office of the Federal
18.1 Original and copies required. Register and published in the FEDERAL
18.2 Prohibition on combined category doc- REGISTER shall be sent to the Director
uments.
18.3 Submission of documents and letters of
of the Federal Register.
transmittal. (b) Except for cases involving special
18.4 Form of document. handling or treatment, there is no need
18.5 Certified copies. for a letter of transmittal for a docu-
18.6 Form of certification. ment submitted for filing and FEDERAL
18.7 Signature. REGISTER publication.
18.8 Seal. (c) Receipt dates are determined at
18.9 Style. the time a signed original and clear
18.10 Illustrations, tabular material, and and legible copies are received.
forms.
18.12 Preamble requirements. [37 FR 23609, Nov. 4, 1972, as amended at 54
18.13 Withdrawal or correction of filed docu- FR 9680, Mar. 7, 1989]
ments.
18.15 Correction of errors in printing. § 18.4 Form of document.
18.16 Reinstatement of expired regulations. (a) A printed or processed document
18.17 Effective dates and time periods.
may be accepted for filing for public in-
18.20 Identification of subjects in agency
regulations. spection and publication if it is on
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, 1 Agencies with computer processed data
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19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189.


are urged to consult with the Office of the
SOURCE: 37 FR 23609, Nov. 4, 1972, unless Federal Register staff about possible use of
otherwise noted. the data in the publication process.

22

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Admin. Comm. of the Federal Register § 18.12

bond or similar quality paper, legible, original documents by digital signa-


and free of adhesive or correction tures.
tape. 2
[37 FR 23609, Nov. 4, 1972, as amended at 54
(b) A document in the form of a let- FR 9681, Mar. 7, 1989; 61 FR 68119, Dec. 27,
ter or press release may not be accept- 1996]
ed for filing for public inspection or
publication in the rules and regula- § 18.8 Seal.
tions, proposed rules, or notices cat- Use of a seal on an original document
egories of the FEDERAL REGISTER. or certified copy is optional with the
(c) Original documents submitted by issuing agency.
telecommunication and authenticated
by digital signatures consistent with § 18.9 Style.
applicable Federal standards and Office
Each document submitted by an
of the Federal Register technical speci-
agency for filing and publication shall
fications may be accepted for publica-
conform to the current edition of the
tion. 3
U.S. Government Printing Office Style
[54 FR 9681, Mar. 7, 1989, as amended at 61 FR Manual in punctuation, capitalization,
68119, Dec. 27, 1996] spelling, and other matters of style.
§ 18.5 Certified copies. [54 FR 9681, Mar. 7, 1989]

The certified copies or duplicate § 18.10 Illustrations, tabular material,


originals of each document must be and forms.
submitted with the original. Each copy
(a) If it is necessary to publish a form
or duplicate must be entirely clear and
or illustration, a clear and legible
legible.
original form or illustration, or a clear
[54 FR 9681, Mar. 7, 1989] and completely legible reproduction
approximately 8 1⁄2 by 11 inches, shall
§ 18.6 Form of certification. be included in the original document
Each copy of each document sub- and each certified copy.
mitted for filing and publication, ex- (b) A document that includes tabular
cept a Presidential document or a du- material may be assigned to the de-
plicate original, must be certified as ferred publication schedule. See § 17.7.
follows: [54 FR 9681, Mar. 7, 1989]
(Certified to be a true copy of the original)
§ 18.12 Preamble requirements.
The certification must be signed by a (a) Each agency submitting a pro-
certifying officer designated under posed or final rule document for publi-
§ 16.1 of this chapter. cation shall prepare a preamble which
[54 FR 9681, Mar. 7, 1989] will inform the reader, who is not an
expert in the subject area, of the basis
§ 18.7 Signature. and purpose for the rule or proposal.
The original and each duplicate (b) The preamble shall be in the fol-
original document must be signed in lowing format and contain the fol-
ink, with the name and title of the offi- lowing information:
cial signing the document typed or AGENCY: llllllllllllllllll
stamped beneath the signature. Ini- (Name of issuing agency)
tialed or impressed signatures will not ACTION: llllllllllllllllll
be accepted. Documents submitted (Notice of Intent), (Advance Notice of Pro-
under § 18.4(c) may be authenticated as posed Rulemaking), (Proposed Rule),
(Final Rule), (Other).
2 Agencies with computer processed data SUMMARY: lllllllllllllllll
are urged to consult with the Office of the (Brief statements, in simple language, of: (i)
Federal Register staff about possible use of the action being taken; (ii) the cir-
the data in the publication process. cumstances which created the need for the
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3 At present, submission of documents by action; and (iii) the intended effect of the
telecommunication is limited to selected action.)
pilot projects. DATES: lllllllllllllllllll

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§ 18.13 1 CFR Ch. I (1–1–16 Edition)
(Comments must be received on or before: REGISTER shall be corrected by inser-
lllll.) (Proposed effective date: tion of an appropriate notation or a re-
lllll.) (Effective date: lllll.) printing in the FEDERAL REGISTER pub-
(Hearing: lllll.) (Other: lllll.)
lished without further agency docu-
ADDRESSES: llllllllllllllll mentation, if the Director of the Fed-
(Any relevant addresses.)
eral Register determines that—
FOR FURTHER INFORMATION CONTACT: (1) The error would tend to confuse or
llllllllllllllllllllllll
(For Executive departments and agencies,
mislead the reader; or
the name and telephone number of a per- (2) The error would affect text sub-
son in the agency to contact for additional ject to codification.
information about the document [Presi- (b) The issuing agency shall review
dential Memorandum, 41 FR 42764, Sep- published documents and notify the Of-
tember 28, 1976].) fice of the Federal Register of printing
SUPPLEMENTARY INFORMATION: llll errors found in published documents.
llllllllllllllllllllllll (c) If the error was in the document
(See paragraph (c) of this section.) as submitted by the agency, the issuing
(c) The agency may include the fol- agency must prepare and submit for
lowing information in the preamble, as publication a correction document.
applicable: [50 FR 12468, Mar. 28, 1985]
(1) A discussion of the background
and major issues involved; § 18.16 Reinstatement of expired regu-
(2) In the case of a final rule, any sig- lations.
nificant differences between it and the Agencies may reinstate regulations
proposed rule; removed from the Code of Federal Reg-
(3) A response to substantive public ulations data base which have expired
comments received; and by their own terms only by repub-
(4) Any other information the agency lishing the regulations in full text in
considers appropriate. the FEDERAL REGISTER.
[41 FR 56624, Dec. 29, 1976, as amended at 54 [54 FR 9681, Mar. 7, 1989]
FR 9681, Mar. 7, 1989]
§ 18.17 Effective dates and time peri-
§ 18.13 Withdrawal or correction of ods.
filed documents.
(a) Each document submitted for
(a) A document that has been filed publication in the FEDERAL REGISTER
for public inspection with the Office of that includes an effective date or time
the Federal Register but not yet pub- period should either set forth a date
lished, may be withdrawn from publica- certain or a time period measured by a
tion or corrected by the submitting certain number of days after publica-
agency. Withdrawals or minor correc- tion in the FEDERAL REGISTER. When a
tions may be made with a timely let- document sets forth a time period
ter, signed by a duly authorized rep- measured by a certain number of days
resentative of the agency. Extensive after publication, Office of the Federal
corrections may require agency with- Register staff will compute the date to
drawal of the document from publica- be inserted in the document as set
tion. forth in paragraph (b) of this section.
(b) Both the originally filed docu- (b) Dates certain will be computed by
ment and the withdrawing or cor- counting the day after the publication
recting letter shall remain on file. The day as one, and by counting each suc-
original document and the withdrawing ceeding day, including Saturdays, Sun-
or correcting letter will be retained by days, and holidays. However, where the
the Office of the Federal Register after final count would fall on a Saturday,
the public inspection period expires. Sunday, or holiday, the date certain
[54 FR 9681, Mar. 7, 1989] will be the next succeeding Federal
business day.
§ 18.15 Correction of errors in print- (c) In the event an effective date is
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ing. dependent upon Congressional action,


(a) Typographical or clerical errors or an act of Congress or a dispositive
made in the printing of the FEDERAL Federal court decision establishes or

24

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Admin. Comm. of the Federal Register § 19.2

changes the effective date of an agen- § 19.1 Form.


cy’s regulation, the issuing agency
Proposed Executive orders and proc-
shall promptly publish a document in
lamations shall be prepared in accord-
the FEDERAL REGISTER announcing the
ance with the following requirements:
effective date.
(a) The order or proclamation shall
[37 FR 23609, Nov. 4, 1972, as amended at 54 be given a suitable title.
FR 9681, Mar. 7, 1989] (b) The order or proclamation shall
contain a citation of the authority
§ 18.20 Identification of subjects in under which it is issued.
agency regulations. (c) Punctuation, capitalization, spell-
(a) Federal Register documents. Each ing, and other matters of style shall, in
agency that submits a document that general, conform to the most recent
is published in the Rules and Regula- edition of the U.S. Government Print-
tions section or the Proposed Rules ing Office Style Manual.
section of the FEDERAL REGISTER (d) The spelling of geographic names
shall— shall conform to the decisions of the
(1) Include a list of index terms for Board on Geographic Names, estab-
each Code of Federal Regulations part lished by section 2 of the Act of July
affected by the document; and 25, 1947, 61 Stat. 456 (43 U.S.C. 364a).
(2) Place the list of index terms as (e) Descriptions of tracts of land
the last item in the Supplementary In- shall conform, so far as practicable, to
formation portion of the preamble for the most recent edition of the ‘‘Speci-
the document. fications for Descriptions of Tracts of
(b) Federal Register Thesaurus. To pre- Land for Use in Executive Orders and
pare its list of index terms, each agen- Proclamations,’’1 prepared by the Bu-
cy shall use terms contained in the reau of Land Management, Department
Federal Register Thesaurus of Indexing of the Interior.
Terms. Agencies may include addi- (f) Proposed Executive orders and
tional terms not contained in the The- proclamations shall be typewritten on
saurus as long as the appropriate The- paper approximately 8 × 13 inches, shall
saurus terms are also used. Copies of have a left-hand margin of approxi-
the Federal Register Thesaurus of In- mately 11⁄2 inches and a right-hand
dexing Terms are available from the margin of approximately 1 inch, and
Office of the Federal Register, National shall be double-spaced except that
Archives and Records Administration, quotations, tabulations, and descrip-
Washington, D.C. 20408. tions of land may be single-spaced.
(g) Proclamations issued by the
[46 FR 7163, Jan. 22, 1981, as amended at 54
FR 9681, Mar. 7, 1989] President shall conclude with the fol-
lowing-described recitation:
PART 19—EXECUTIVE ORDERS AND IN WITNESS WHEREOF, I have hereunto
set my hand this ll day of lllll, in the
PRESIDENTIAL PROCLAMATIONS year of our Lord lllllll, and of the
Independence of the United States of Amer-
Sec. ica the lllllll.
19.1 Form.
19.2 Routing and approval of drafts. [37 FR 23610, Nov. 4, 1972, as amended at 54
19.3 Routing and certification of originals FR 9681, Mar. 7, 1989]
and copies.
19.4 Proclamations calling for the observ-
§ 19.2 Routing and approval of drafts.
ance of special days or events. (a) A proposed Executive order or
19.5 Proclamations of treaties excluded. proclamation shall first be submitted,
19.6 Definition. with seven copies thereof, to the Direc-
AUTHORITY: Secs. 1 to 6 of E.O. 11030, 27 FR tor of the Office of Management and
5847, 3 CFR, 1959–1963 Comp., p. 610; E.O. Budget, together with a letter, signed
11354, 32 FR 7695, 3 CFR, 1966–1970 Comp., p.
652; and E.O. 12080, 43 FR 42235, 3 CFR, 1978 1 Agencies with computer processed data
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Comp., p. 224.
are urged to consult with the Office of the
SOURCE: 37 FR 23610, Nov. 4, 1972, unless Federal Register staff about possible use of
otherwise noted. the data in the publication process.

25

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§ 19.3 1 CFR Ch. I (1–1–16 Edition)

by the head or other properly author- or by some person authorized by him to


ized officer of the originating Federal sign such notation: ‘‘Certified to be a
agency, explaining the nature, purpose, true copy of the original.’’
background, and effect of the proposed
Executive order or proclamation and § 19.4 Proclamations calling for the ob-
its relationship, if any, to pertinent servance of special days or events.
laws and other Executive orders or Except as may be otherwise provided
proclamations. by law, responsibility for the prepara-
(b) If the Director of the Office of tion and presentation of proposed proc-
Management and Budget approves the lamations calling for the observance of
proposed Executive order or proclama- special days, or other periods of time,
tion, he shall transmit it to the Attor- or events, shall be assigned by the Di-
ney General for his consideration as to rector of the Office of Management and
both form and legality. Budget to such agencies as he may con-
(c) If the Attorney General approves sider appropriate. Such proposed proc-
the proposed Executive order or procla- lamations shall be submitted to the Di-
mation, he shall transmit it to the Di- rector at least 60 days before the date
rector of the Office of the Federal Reg- of the specified observance. Notwith-
ister, National Archives and Records standing the provisions of § 19.2, the Di-
Administration: Provided, That in cases rector shall transmit any approved
involving sufficient urgency the Attor- commemorative proclamations to the
ney General may transmit it directly President.
to the President: And provided further, [37 FR 23610, Nov. 4, 1972, as amended at 54
That the authority vested in the Attor- FR 9681, Mar. 7, 1989]
ney General by this section may be del-
egated by him, in whole or in part, to § 19.5 Proclamations of treaties ex-
the Deputy Attorney General, Solicitor cluded.
General, or to such Assistant Attorney Consonant with the provisions of
General as he may designate. chapter 15 of title 44 of the United
(d) After determining that the pro- States Code (44 U.S.C. 1511), nothing in
posed Executive order or proclamation these regulations shall be construed to
conforms to the requirements of § 19.1 apply to treaties, conventions, proto-
and is free from typographical or cler- cols, or other international agree-
ical error, the Director of the Office of ments, or proclamations thereof by the
the Federal Register shall transmit it President.
and three copies thereof to the Presi-
dent. § 19.6 Definition.
(e) If the proposed Executive order or The term ‘‘Presidential proclama-
proclamation is disapproved by the Di- tions and Executive orders,’’ as used in
rector of the Office of Management and chapter 15 of title 44 of the United
Budget or by the Attorney General, it States Code (44 U.S.C. 1505(a)), shall,
shall not thereafter be presented to the except as the President or his rep-
President unless it is accompanied by a resentative may hereafter otherwise di-
statement of the reasons for such dis- rect, be deemed to include such attach-
approval. ments thereto as are referred to in the
§ 19.3 Routing and certification of respective proclamations or orders.
originals and copies.
(a) If the order or proclamation is PART 20—HANDLING OF THE
signed by the President, the original UNITED STATES GOVERNMENT
and two copies shall be forwarded to MANUAL STATEMENTS
the Director of the Federal Register for
publication in the FEDERAL REGISTER. Sec.
(b) The Office of the Federal Register 20.1 Liaison officers.
20.2 Preparation of agency statements.
shall cause to be placed upon the copies
20.3 Organization.
of all Executive orders and proclama- 20.4 Description of program activities.
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tions forwarded as provided in para- 20.5 Sources of information.


graph (a) of this section the following 20.6 Form, style, arrangement and appor-
notation, to be signed by the Director tionment of space.

26

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Admin. Comm. of the Federal Register § 20.7
20.7 Deadline dates. charts or by lists of officials will not be
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, published in the Manual.
19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189.
[37 FR 23611, Nov. 4, 1972, as amended at 54
SOURCE: 37 FR 23611, Nov. 4, 1972, unless FR 9682, Mar. 7, 1989]
otherwise noted.
§ 20.4 Description of program activi-
§ 20.1 Liaison officers. ties.
(a) Each of the following shall ap- (a) Descriptions should clearly state
point an officer to maintain liaison the public purposes that the agency
with the Office on matters relating to serves, and the programs that carry
The United States Government Man- out those purposes.
ual: (b) Descriptions of the responsibil-
(1) Agencies of the legislative and ju- ities of individuals or of administrative
dicial branches. units common to most agencies will
(2) Executive agencies that do not not be accepted for publication in the
have a liaison officer designated under Manual.
§ 16.1 of this chapter or who wish to ap-
point a liaison officer for Manual mat- [54 FR 9682, Mar. 7, 1989]
ters other than the one designated
§ 20.5 Sources of information.
under such § 16.1.
(3) Quasi-official agencies rep- Pertinent sources of information use-
resented in the Manual. ful to the public, in areas of public in-
(4) Any other agency that the Direc- terest such as employment, consumer
tor believes should be included in the activities, contracts, services to small
Manual. business, and other topics of public in-
(b) Each liaison officer will insure terest should be provided with each
agency compliance with part 9 of this agency statement. These sources of in-
chapter and this part 20. formation shall plainly identify the
places at which the public may obtain
[37 FR 23611, Nov. 4, 1972, as amended at 50
FR 12468, Mar. 28, 1985; 54 FR 9682, Mar. 7,
information or make submittals or re-
1989] quests.

§ 20.2 Preparation of agency state- § 20.6 Form, style, arrangement and


ments. apportionment of space.
In accordance with schedules estab- The form, style, and arrangement of
lished under § 20.7 each agency shall agency statements and other materials
submit for publication in the Manual included in the Manual and the appor-
an official draft of the information re- tionment of space therein shall be de-
quired by § 9.2 of this chapter and this termined by the Director of the Fed-
part 20. eral Register. The U.S. Government
Printing Office Style Manual is the ap-
§ 20.3 Organization. plicable reference work in determining
(a) Information about lines of author- style.
ity and organization may be reflected
in a chart if the chart clearly delin- § 20.7 Deadline dates.
eates the agency’s organizational The Manual is published on a sched-
structure. Charts must be prepared so ule designed to provide the public with
as to be perfectly legible when reduced information about their Government
to the size of a Manual page. Charts on a timely basis. Therefore, agencies
that do not meet this requirement will must comply with the deadline dates
not be included in the Manual. established by the Director of the Fed-
(b) Listings of heads of operating eral Register for transmittal of state-
units should be arranged whenever pos- ments and charts and for the
sible to reflect relationships between verification of proofs. Failure to do so
units. may result in publication of an out-
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(c) Narrative descriptions of organi- dated statement or the omission of im-


zational structure or hierarchy that portant material, thus depriving mem-
duplicate information conveyed by bers of the public of information they

27

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Pt. 21 1 CFR Ch. I (1–1–16 Edition)

have a right to expect in a particular AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530,
edition of the Manual. 19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189.
SOURCE: 37 FR 23611, Nov. 4, 1972, unless
PART 21—PREPARATION OF DOCU- otherwise noted.
MENTS SUBJECT TO CODIFICA-
TION Subpart A—General
Subpart A—General § 21.1 Drafting.
(a) Each agency that prepares a docu-
Sec. ment that is subject to codification
21.1 Drafting.
21.6 Notice of expiration of codified mate- shall draft it as an amendment to the
rial. Code of Federal Regulations, in accord-
ance with this subchapter, before sub-
CODE STRUCTURE mitting it to the Office of the Federal
21.7 Titles and subtitles. Register.
21.8 Chapters and subchapters. (b) Each agency that prepares a docu-
21.9 Parts, subparts, and undesignated cen- ment that is subject to codification
ter heads. shall include words of issuance and
21.10 Sections. amendatory language that precisely
NUMBERING describes the relationship of the new
provisions to the Code.
21.11 Standard organization of the Code of
Federal Regulations. [37 FR 23611, Nov. 4, 1972, as amended at 54
21.12 Reservation of numbers. FR 9682, Mar. 7, 1989]
21.14 Deviations from standard organization
of the Code of Federal Regulations. § 21.6 Notice of expiration of codified
material.
HEADINGS
Whenever a codified regulation ex-
21.16 Required document headings.
21.18 Tables of contents. pires after a specified period by its own
21.19 Composition of part headings. terms or by law, the issuing agency
shall submit a notification by docu-
AMENDMENTS ment for publication in the FEDERAL
21.20 General requirements. REGISTER.
REFERENCES [54 FR 9682, Mar. 7, 1989]
21.21 General requirements: References. CODE STRUCTURE
21.23 Parallel citations of Code and Federal
Register. § 21.7 Titles and subtitles.
21.24 References to 1938 edition of Code.
(a) The major divisions of the Code
EFFECTIVE DATE STATEMENT are titles, each of which brings to-
21.30 General. gether broadly related Government
functions.
OMB CONTROL NUMBERS (b) Subtitles may be used to distin-
21.35 OMB control numbers. guish between materials emanating
from an overall agency and the mate-
Subpart B—Citations of Authority rial issued by its various components.
21.40 General requirements: Authority cita- Subtitles may also be used to group
tions. chapters within a title.
21.41 Agency responsibility.
21.42 Exceptions. § 21.8 Chapters and subchapters.
PLACEMENT (a) The normal divisions of a title are
chapters, assigned to the various agen-
21.43 Placing and amending authority cita- cies within a title descriptive of the
tions.
21.45 Nonstatutory authority. subject matter covered by the agencies’
regulations.
FORM (b) Subchapters may be used to group
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21.51 General. related parts within a chapter.


21.52 Statutory material. (c) Chapter and subchapter assign-
21.53 Nonstatutory materials. ments are made by the Office of the

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Admin. Comm. of the Federal Register § 21.16

Federal Register after agency consulta- (h) Paragraphs, which are designated
tion. as follows:
[37 FR 23611, Nov. 4, 1972, as amended at 54 level 1 (a), (b), (c), etc.
FR 9682, Mar. 7, 1989] level 2 (1), (2), (3), etc.
level 3 (i), (ii), (iii), etc.
§ 21.9 Parts, subparts, and undesig- level 4 (A), (B), (C), etc.
nated center heads. level 5 (1), (2), (3), etc.
level 6 (i), (ii), (iii), etc.
(a) The normal divisions of a chapter
[54 FR 9682, Mar. 7, 1989; 54 FR 23343, May 31,
are parts, consisting of a unified body
1989]
of regulations applying to a specific
function of an issuing agency or de- § 21.12 Reservation of numbers.
voted to specific subject matter under
In a case where related parts or re-
the control of that agency.
lated sections are grouped under a
(b) Subparts or undesignated center heading, numbers may be reserved at
heads may be used to group related sec- the end of each group to allow for ex-
tions within a part. Undesignated cen- pansion.
ter heads may also be used to group
sections within a subpart. [37 FR 23611, Nov. 4, 1972, as amended at 54
FR 9682, Mar. 7, 1989]
§ 21.10 Sections.
§ 21.14 Deviations from standard orga-
(a) The normal divisions of a part are nization of the Code of Federal Reg-
sections. Sections are the basic units of ulations.
the Code. (a) Any deviation from standard Code
(b) When internal division is nec- of Federal Regulations designations
essary, a section may be divided into must be approved in advance by the Of-
paragraphs, and paragraphs may be fice of the Federal Register. Requests
further subdivided using the lettering for approval must be submitted in writ-
indicated in § 21.11. ing at least five working days before
the agency intends to submit the final
NUMBERING rule document for publication and in-
§ 21.11 Standard organization of the clude a copy of the final rule docu-
Code of Federal Regulations. ment.
(b) The Director of the Federal Reg-
The standard organization consists of ister may allow the keying of section
the following structural units: numbers to correspond to a particular
(a) Titles, which are numbered con- numbering system used by an agency
secutively in Arabic throughout the only when the keying will benefit both
Code; that agency and the public.
(b) Subtitles, which are lettered con-
[54 FR 9682, Mar. 7, 1989]
secutively in capitals throughout the
title; HEADINGS
(c) Chapters, which are numbered
consecutively in Roman capitals § 21.16 Required document headings.
throughout each title; (a) Each rule and proposed rule docu-
(d) Subchapters, which are lettered ment submitted to the Office of the
consecutively in capitals throughout Federal Register shall contain the fol-
the chapter; lowing headings, when appropriate, on
(e) Parts, which are numbered in Ara- separate lines in the following order:
bic throughout each title; (1) Agency name;
(f) Subparts, which are lettered in (2) Subagency name;
capitals; (3) Numerical references to the CFR
(g) Sections, which are numbered in title and parts affected;
Arabic throughout each part. A section (4) Agency numbers of identifying
number includes the number of the symbol in brackets, if used;
part followed by a period and the num- (5) Brief subject heading describing
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ber of the section. For example, the the document.


section number for section 15 of part 21 (b) Each CFR section in the regu-
is ‘‘§ 21.15’’; and latory text of the document shall have

29

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§ 21.18 1 CFR Ch. I (1–1–16 Edition)

a brief descriptive heading, preceding (c) Each agency shall publish its own
the text, on a separate line. regulations in full text. Cross-ref-
erences to the regulations of another
[50 FR 12468, Mar. 28, 1985]
agency may not be used as a substitute
§ 21.18 Tables of contents. for publication in full text, unless the
Office of the Federal Register finds
A table of contents shall be used at that the regulation meets any of the
the beginning of the part whenever a following exceptions:
new part is introduced, an existing part (1) The reference is required by court
is completely revised, or a group of sec- order, statute, Executive order or reor-
tions is revised or added and set forth ganization plan.
as a subpart or otherwise separately (2) The reference is to regulations
grouped under a center head. The table promulgated by an agency with the ex-
shall follow the part heading and pre- clusive legal authority to regulate in a
cede the text of the regulations in that subject matter area, but the ref-
part. It shall also list the headings for erencing agency needs to apply those
the subparts, undesignated center regulations in its own programs.
headings, sections in the part, and ap- (3) The reference is informational or
pendix headings to the part or subpart. improves clarity rather than being reg-
[37 FR 23611, Nov. 4, 1972, as amended at 54 ulatory.
FR 9682, Mar. 7, 1989] (4) The reference is to test methods
or consensus standards produced by a
§ 21.19 Composition of part headings. Federal agency that have replaced or
Each part heading shall indicate preempted private or voluntary test
briefly the general subject matter of methods or consensus standards in a
the part. Phrases such as ‘‘Regulations subject matter area.
under the Act of July 28, 1955’’ or other (5) The reference is to the Depart-
expressions that are not descriptive of ment level from a subagency.
the subject matter may not be used. In- [37 FR 23611, Nov. 4, 1972, as amended at 50
troductory expressions such as ‘‘Regu- FR 12468, Mar. 28, 1985]
lations governing’’ and ‘‘Rules applica-
ble to’’ may not be used. § 21.23 Parallel citations of Code and
Federal Register.
AMENDMENTS
For parallel reference, the Code of
§ 21.20 General requirements. Federal Regulations and the FEDERAL
REGISTER may be cited in the following
(a) Each amendatory document shall forms, as appropriate:
identify in specific terms the unit
amended, and the extent of the changes lll CFR lll (lll FR lll). § lll
made. of this chapter (lll FR lll).
(b) The number and heading of each
§ 21.24 References to 1938 edition of
section amended shall be set forth in Code.
full on a separate line.
When reference is made to material
REFERENCES codified in the 1938 edition of the Code
of Federal Regulations, or a supple-
§ 21.21 General requirements: Ref- ment thereto, the following forms may
erences. be used, as appropriate:
(a) Each reference to the Code of Fed- lll CFR, 1938 Ed., lll.
eral Regulations shall be in terms of lll CFR, 1943, Cum. Supp., lll.
the specific titles, chapters, parts, sec- lll CFR, 1946 Supp., lll.
tions, and paragraphs involved. Ambig-
uous references such as ‘‘herein’’, EFFECTIVE DATE STATEMENT
‘‘above’’, ‘‘below’’, and similar expres-
sions may not be used. § 21.30 General.
(b) Each document that contains a Each document subject to codifica-
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reference to material published in the tion shall include a clear statement as


Code shall include the Code citation as to the date or dates upon which its
a part of the reference. contents become effective.

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Admin. Comm. of the Federal Register § 21.52

OMB CONTROL NUMBERS (1) If a document sets out an entire


CFR part, the agency shall place the
§ 21.35 OMB control numbers. complete authority citation directly
To display OMB control numbers in after the table of contents and before
agency regulations, those numbers the regulatory text.
shall be placed parenthetically at the (2) If a document amends only cer-
end of the section or displayed in a tain sections within a CFR part, the
table or codified section. agency shall present the complete au-
thority citation to this part as the first
[50 FR 12468, Mar. 28, 1985] item in the list of amendments.
(i) If the authority for issuing an
Subpart B—Citations of Authority amendment is the same as the author-
ity listed for the whole CFR part, the
§ 21.40 General requirements: Author- agency shall simply restate the author-
ity citations. ity.
Each section in a document subject (ii) If the authority for issuing an
to codification must include, or be cov- amendment changes the authority ci-
ered by, a complete citation of the au- tation for the whole CFR part, the
thority under which the section is agency shall revise the authority cita-
issued, including— tion in its entirety. The agency may
(a) General or specific authority dele- specify the particular authority under
gated by statute; and which certain sections are amended in
(b) Executive delegations, if any, nec- the revised authority citation.
essary to link the statutory authority (b) The agency shall present a cen-
to the issuing agency. tralized authority citation. The au-
thority citation shall appear at the end
[50 FR 12468, Mar. 28, 1985] of the table of contents for a part or
after each subpart heading within the
§ 21.41 Agency responsibility. text of a part. Citations of authority
(a) Each issuing agency is responsible for particular sections may be specified
for the accuracy and integrity of the within the centralized authority cita-
citations of authority in the docu- tion.
ments it issues. [50 FR 12469, Mar. 28, 1985, as amended at 54
(b) Each issuing agency shall for- FR 9682, Mar. 7, 1989]
mally amend the citations of authority
in its codified material to reflect any § 21.45 Nonstatutory authority.
changes therein. Citation to a nonstatutory document
as authority shall be placed after the
§ 21.42 Exceptions.
statutory citations. For example:
The Director of the Federal Register AUTHORITY: Sec. 9, Pub. L. 89–670, 80 Stat.
may make exceptions to the require- 944 (49 U.S.C. 1657). E.O. 11222, 30 FR 6469, 3
ments of this subpart relating to place- CFR, 1965 Comp., p. 10.
ment and form of citations of author-
[37 FR 23611, Nov. 4, 1972, as amended at 54
ity whenever the Director determines FR 9682, Mar. 7, 1989]
that strict application would impair
the practical use of the citations. FORM
[37 FR 23611, Nov. 4, 1972, as amended at 54 § 21.51 General.
FR 9682, Mar. 7, 1989]
(a) Formal citations of authority
PLACEMENT shall be in the shortest form compat-
ible with positive identification and
§ 21.43 Placing and amending author- ready reference.
ity citations. (b) The Office of the Federal Register
(a) The requirements for placing au- shall assist agencies in developing
thority citations vary with the type of model citations.
amendment the agency is making in a
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document. The agency shall set out the § 21.52 Statutory material.
full text of the authority citation for (a) United States Code. All citations to
each part affected by the document. statutory authority shall include a

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§ 21.53 1 CFR Ch. I (1–1–16 Edition)

United States Code citation, where Subpart A—Notices


available. Citations to titles of the
United States Code, whether or not en- § 22.1 Name of issuing agency and sub-
acted into positive law, may be cited division.
without Public Law or U.S. Statutes at (a) The name of the agency issuing a
Large citation. For example: notice shall be placed at the beginning
AUTHORITY: 10 U.S.C. 501. of the document.
(b) Whenever a specific bureau, serv-
(b) Public Laws and U.S. Statutes at ice, or similar unit within an agency
Large. Citations to Public Laws and issues a notice, the name of that bu-
U.S. Statutes at Large are optional reau, service, or unit shall be placed on
when the United States Code is cited. a separate line below the name of the
Citations to current public laws and to agency.
the U.S. Statutes at Large shall refer
(c) An agency that uses file numbers,
to the section of the public law and the
docket numbers, or similar identifying
volume and page of the U.S. Statutes
symbols shall place them in brackets
at Large to which they have been as-
immediately below the other headings
signed. The page number shall refer to
required by this section.
the page on which the section cited be-
(d) A suitable short title identifying
gins. For example:
the subject shall be provided beginning
AUTHORITY: Sec. 5, Pub. L. 89–670, 80 Stat. on a separate line immediately after
935 (49 U.S.C. 1654); sec. 313, Pub. L. 85–726, 72 the other required caption or captions.
Stat. 752 (49 U.S.C. 1354).
Whenever appropriate, an additional
[54 FR 9682, Mar. 7, 1989] brief caption indicating the nature of
the document shall be used.
§ 21.53 Nonstatutory materials.
Nonstatutory documents shall be § 22.2 Authority citation.
cited by document designation and by The authority under which an agency
FEDERAL REGISTER volume and page, issues a notice shall be cited in nar-
followed, if possible, by the parallel ci- rative form within text or in paren-
tation to the Code of Federal Regula- theses on a separate line following
tions. For example: text.
AUTHORITY: Special Civil Air Reg. SR–422A,
28 FR 6703, 14 CFR part 4b. E.O. 11130, 28 FR Subpart B—Proposed Rules
12789; 3 CFR 1959–1963 Comp.
[37 FR 23611, Nov. 4, 1972, as amended at 54 § 22.5 General requirements.
FR 9683, Mar. 7, 1989] Each proposed rule required by sec-
tion 553 of title 5, United States Code,
PART 22—PREPARATION OF or any other statute, and any similar
NOTICES AND PROPOSED RULES document voluntarily issued by an
agency shall include a statement of—
Subpart A—Notices (a) The time, place, and nature of
public rulemaking proceedings; and
Sec. (b) Reference to the authority under
22.1 Name of issuing agency and subdivi- which the regulatory action is pro-
sion. posed.
22.2 Authority citation.
[37 FR 23614, Nov. 4, 1972, as amended at 54
Subpart B—Proposed Rules FR 9683, Mar. 7, 1989]

22.5 General requirements. § 22.6 Code designation.


22.6 Code designation.
22.7 Codification.
The area of the Code of Federal Regu-
lations directly affected by a proposed
AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, regulatory action shall be identified by
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19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189. placing the appropriate CFR citation
SOURCE: 37 FR 23614, Nov. 4, 1972, unless immediately below the name of the
otherwise noted. issuing agency. For example:

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Admin. Comm. of the Federal Register § 22.7

1 CFR part 22 posed regulation shall also conform to


the pertinent provisions of part 21 of
[37 FR 23614, Nov. 4, 1972, as amended at 54
FR 9683, Mar. 7, 1989] this chapter.
[37 FR 23614, Nov. 4, 1972, as amended at 54
§ 22.7 Codification. FR 9683, Mar. 7, 1989]
Any part of a proposed rule document
that contains the full text of a pro- PARTS 23–49 [RESERVED]
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