44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189.
37 FR 23607, Nov. 4, 1972, unless otherwise noted.
The Director of the Federal Register shall assist each agency in complying with the pertinent publication laws to assure efficient public service in promulgating administrative documents having the effect of legal notice or of law.
The Director of the Federal Register shall provide for the answering of each appropriate inquiry presented in person, by telephone, or in writing. Each written communication and each matter involving the Administrative Committee shall be sent to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408.
The staff of the Office of the Federal Register shall provide informal assistance and advice to officials of the various agencies with respect to general or specific programs of regulatory drafting, procedures, and promulgation practices.
The Director of the Federal Register shall furnish to requesting agencies, at cost, reproductions or certified copies of original acts and documents filed with that Office that are needed for official use unless funds are appropriated for that purpose.
The Director of the Federal Register may prepare, and distribute to agencies, information and instructions designed to promote effective compliance with the purposes of chapter 15 of title 44, United States Code, sections 552-553 of title 5, United States Code, related statutes, and this chapter. The Director may also develop and conduct programs of technical instruction.
44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189.
37 FR 23608, Nov. 4, 1972, unless otherwise noted.
(a) Each agency shall designate, from its officers or employees, persons to serve in the following capacities with relation to the Office of the Federal Register:
(1) A liaison officer and an alternate.
(2) A certifying officer and an alternate.
(3) An authorizing officer and an alternate.
(b) In choosing its liaison officer, each agency should consider that this officer will be the main contact between that agency and the Office of the Federal Register and that the liaison officer will be charged with the duties set forth in § 16.2. Therefore, the agency should choose a person who is directly involved in the agency's regulatory program.
(c) Each agency shall notify the Director of the name, title, address, and telephone number of each person it designates under this section and shall promptly notify the Director of any changes.
Each agency liaison officer shall—
(a) Represent the agency in all matters relating to the submission of documents to the Office of the Federal Register, and respecting general compliance with this chapter;
(b) Be responsible for the effective distribution and use within the agency of Federal Register information on document drafting and publication assistance authorized by § 15.10 of this chapter;
(c) Promote the agency's participation in the technical instruction authorized by § 15.10 of this chapter; and
(d) Be available to discuss documents submitted for publication with the editors of the
The agency certifying officer is responsible for attaching the required number of true copies of each original document submitted by the agency to the Office of the Federal Register and for making the certification required by §§ 18.5 and 18.6 of this chapter.
The agency authorizing officer is responsible for furnishing, to the Director of the Federal Register, a current mailing list of officers or employees of the agency who are authorized to receive the
44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189.
37 FR 23608, Nov. 4, 1972, unless otherwise noted.
Unless special arrangements are made with the Director of the Federal Register, the Office of the Federal Register receives documents only during official working hours. Upon receipt, each document shall be held for confidential processing until it is filed for public inspection.
(a) Each document received shall be filed for public inspection only after it has been received, processed and assigned a publication date.
(b) Except as provided in paragraph (d) of this section, each document received by 2:00 p.m. which meets the requirements of this chapter shall be assigned to the regular schedule. Unless the issuing agency makes special arrangements otherwise, or the Office determines that the document requires a deferred schedule (see 1 CFR 17.7), receipt of a document by 2:00 p.m. is considered to be a request for filing for public inspection and publication on the regular schedule. Documents received after 2:00 p.m. which meet the requirements of this chapter shall be assigned to the next working day's regular schedule.
(c) The regular schedule for filing for public inspection and publication is as follows:
(d) Each notice of meeting issued under the “Government in the Sunshine Act” (5 U.S.C. 552b(e)(3)) is placed on immediate public inspection after it has been received, processed, and assigned a publication date.
(1) Each notice received before 4:00 p.m. is scheduled to be published 2 working days later.
(2) Each notice received after 4:00 p.m. is scheduled to be published 3 working days later.
The emergency schedule is designed to provide the fastest possible publication of a document involving the prevention, alleviation, control, or relief of an emergency situation.
(a) Each agency requesting publication on the emergency schedule shall briefly describe the emergency and the benefits to be attributed to immediate publication in the
(b) The Director of the Federal Register shall assign a document to the emergency schedule whenever the Director concurs with a request for that action and it is feasible.
(c) Each document assigned to the emergency schedule shall be published as soon as possible.
(d) Each document assigned to the emergency schedule for publication will be filed for public inspection on the working day before publication unless emergency filing for public inspection is also requested.
An agency may request emergency filing for public inspection for documents to be published under the regular, emergency or deferred publication schedules. Emergency filing for public inspection provides for the fastest possible public access to a document after it has been received, processed and assigned a publication date. Emergency filing for public inspection is considered a special arrangement under § 17.2 of this part that results in deviation from the regular schedule for filing for public inspection. A document receiving emergency filing for public inspection remains on public inspection until it is published according to the schedule for publication.
(a) Each agency requesting emergency filing for public inspection shall briefly describe the emergency and the benefits to be attributed to immediate public access. The request must be made by letter.
(b) The Director of the Federal Register shall approve an emergency filing for public inspection request whenever
(c) Each document approved for emergency filing for public inspection shall be filed as soon as possible following processing and scheduling.
(a) A document may be assigned to the deferred schedule under the following conditions:
(1) There are technical problems, unusual or lengthy tables, or illustrations, or the document is of such size as to require extraordinary processing time.
(2) The agency concerned requests a deferred publication date.
(b) The Office of the Federal Register staff will notify the agency if its documents must be assigned to a deferred schedule.
44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189.
37 FR 23609, Nov. 4, 1972, unless otherwise noted.
Except as provided in § 19.2 of this subchapter for Executive orders and proclamations, each agency submitting a document to be filed and published in the
(a) The Director of the Federal Register will not accept a document for filing and publication if it combines material that must appear under more than one category in the
(b) Where two related documents are to be published in the same
(a) Each document authorized or required by law to be filed for public inspection with the Office of the Federal Register and published in the
(b) Except for cases involving special handling or treatment, there is no need for a letter of transmittal for a document submitted for filing and
(c) Receipt dates are determined at the time a signed original and clear and legible copies are received.
(a) A printed or processed document may be accepted for filing for public inspection and publication if it is on
(b) A document in the form of a letter or press release may not be accepted for filing for public inspection or publication in the rules and regulations, proposed rules, or notices categories of the
(c) Original documents submitted by telecommunication and authenticated by digital signatures consistent with applicable Federal standards and Office of the Federal Register technical specifications may be accepted for publication.
The certified copies or duplicate originals of each document must be submitted with the original. Each copy or duplicate must be entirely clear and legible.
Each copy of each document submitted for filing and publication, except a Presidential document or a duplicate original, must be certified as follows:
The original and each duplicate original document must be signed in ink, with the name and title of the official signing the document typed or stamped beneath the signature. Initialed or impressed signatures will not be accepted. Documents submitted under § 18.4(c) may be authenticated as original documents by digital signatures.
Use of a seal on an original document or certified copy is optional with the issuing agency.
Each document submitted by an agency for filing and publication shall conform to the current edition of the U.S. Government Printing Office Style Manual in punctuation, capitalization, spelling, and other matters of style.
(a) If it is necessary to publish a form or illustration, a clear and legible original form or illustration, or a clear and completely legible reproduction approximately 8
(b) A document that includes tabular material may be assigned to the deferred publication schedule. See § 17.7.
(a) Each agency submitting a proposed or final rule document for publication shall prepare a preamble which will inform the reader, who is not an expert in the subject area, of the basis and purpose for the rule or proposal.
(b) The preamble shall be in the following format and contain the following information:
(c) The agency may include the following information in the preamble, as applicable:
(1) A discussion of the background and major issues involved;
(2) In the case of a final rule, any significant differences between it and the proposed rule;
(3) A response to substantive public comments received; and
(4) Any other information the agency considers appropriate.
(a) A document that has been filed for public inspection with the Office of the Federal Register but not yet published, may be withdrawn from publication or corrected by the submitting agency. Withdrawals or minor corrections may be made with a timely letter, signed by a duly authorized representative of the agency. Extensive corrections may require agency withdrawal of the document from publication.
(b) Both the originally filed document and the withdrawing or correcting letter shall remain on file. The original document and the withdrawing or correcting letter will be retained by the Office of the Federal Register after the public inspection period expires.
(a) Typographical or clerical errors made in the printing of the
(1) The error would tend to confuse or mislead the reader; or
(2) The error would affect text subject to codification.
(b) The issuing agency shall review published documents and notify the Office of the Federal Register of printing errors found in published documents.
(c) If the error was in the document as submitted by the agency, the issuing agency must prepare and submit for publication a correction document.
Agencies may reinstate regulations removed from the Code of Federal Regulations data base which have expired by their own terms only by republishing the regulations in full text in the
(a) Each document submitted for publication in the
(b) Dates certain will be computed by counting the day after the publication day as one, and by counting each succeeding day, including Saturdays, Sundays, and holidays. However, where the final count would fall on a Saturday, Sunday, or holiday, the date certain will be the next succeeding Federal business day.
(c) In the event an effective date is dependent upon Congressional action, or an act of Congress or a dispositive Federal court decision establishes or
(a)
(1) Include a list of index terms for each Code of Federal Regulations part affected by the document; and
(2) Place the list of index terms as the last item in the Supplementary Information portion of the preamble for the document.
(b)
Secs. 1 to 6 of E.O. 11030, 27 FR 5847, 3 CFR, 1959-1963 Comp., p. 610; E.O. 11354, 32 FR 7695, 3 CFR, 1966-1970 Comp., p. 652; and E.O. 12080, 43 FR 42235, 3 CFR, 1978 Comp., p. 224.
37 FR 23610, Nov. 4, 1972, unless otherwise noted.
Proposed Executive orders and proclamations shall be prepared in accordance with the following requirements:
(a) The order or proclamation shall be given a suitable title.
(b) The order or proclamation shall contain a citation of the authority under which it is issued.
(c) Punctuation, capitalization, spelling, and other matters of style shall, in general, conform to the most recent edition of the U.S. Government Printing Office Style Manual.
(d) The spelling of geographic names shall conform to the decisions of the Board on Geographic Names, established by section 2 of the Act of July 25, 1947, 61 Stat. 456 (43 U.S.C. 364a).
(e) Descriptions of tracts of land shall conform, so far as practicable, to the most recent edition of the “Specifications for Descriptions of Tracts of Land for Use in Executive Orders and Proclamations,”
(f) Proposed Executive orders and proclamations shall be typewritten on paper approximately 8 x 13 inches, shall have a left-hand margin of approximately 1
(g) Proclamations issued by the President shall conclude with the following-described recitation:
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of _____, in the year of our Lord _______, and of the Independence of the United States of America the _______.
(a) A proposed Executive order or proclamation shall first be submitted, with seven copies thereof, to the Director of the Office of Management and Budget, together with a letter, signed
(b) If the Director of the Office of Management and Budget approves the proposed Executive order or proclamation, he shall transmit it to the Attorney General for his consideration as to both form and legality.
(c) If the Attorney General approves the proposed Executive order or proclamation, he shall transmit it to the Director of the Office of the Federal Register, National Archives and Records Administration:
(d) After determining that the proposed Executive order or proclamation conforms to the requirements of § 19.1 and is free from typographical or clerical error, the Director of the Office of the Federal Register shall transmit it and three copies thereof to the President.
(e) If the proposed Executive order or proclamation is disapproved by the Director of the Office of Management and Budget or by the Attorney General, it shall not thereafter be presented to the President unless it is accompanied by a statement of the reasons for such disapproval.
(a) If the order or proclamation is signed by the President, the original and two copies shall be forwarded to the Director of the Federal Register for publication in the
(b) The Office of the Federal Register shall cause to be placed upon the copies of all Executive orders and proclamations forwarded as provided in paragraph (a) of this section the following notation, to be signed by the Director or by some person authorized by him to sign such notation: “Certified to be a true copy of the original.”
Except as may be otherwise provided by law, responsibility for the preparation and presentation of proposed proclamations calling for the observance of special days, or other periods of time, or events, shall be assigned by the Director of the Office of Management and Budget to such agencies as he may consider appropriate. Such proposed proclamations shall be submitted to the Director at least 60 days before the date of the specified observance. Notwithstanding the provisions of § 19.2, the Director shall transmit any approved commemorative proclamations to the President.
Consonant with the provisions of chapter 15 of title 44 of the United States Code (44 U.S.C. 1511), nothing in these regulations shall be construed to apply to treaties, conventions, protocols, or other international agreements, or proclamations thereof by the President.
The term “Presidential proclamations and Executive orders,” as used in chapter 15 of title 44 of the United States Code (44 U.S.C. 1505(a)), shall, except as the President or his representative may hereafter otherwise direct, be deemed to include such attachments thereto as are referred to in the respective proclamations or orders.
44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189.
37 FR 23611, Nov. 4, 1972, unless otherwise noted.
(a) Each of the following shall appoint an officer to maintain liaison with the Office on matters relating to The United States Government Manual:
(1) Agencies of the legislative and judicial branches.
(2) Executive agencies that do not have a liaison officer designated under § 16.1 of this chapter or who wish to appoint a liaison officer for Manual matters other than the one designated under such § 16.1.
(3) Quasi-official agencies represented in the Manual.
(4) Any other agency that the Director believes should be included in the Manual.
(b) Each liaison officer will insure agency compliance with part 9 of this chapter and this part 20.
In accordance with schedules established under § 20.7 each agency shall submit for publication in the Manual an official draft of the information required by § 9.2 of this chapter and this part 20.
(a) Information about lines of authority and organization may be reflected in a chart if the chart clearly delineates the agency's organizational structure. Charts must be prepared so as to be perfectly legible when reduced to the size of a Manual page. Charts that do not meet this requirement will not be included in the Manual.
(b) Listings of heads of operating units should be arranged whenever possible to reflect relationships between units.
(c) Narrative descriptions of organizational structure or hierarchy that duplicate information conveyed by charts or by lists of officials will not be published in the Manual.
(a) Descriptions should clearly state the public purposes that the agency serves, and the programs that carry out those purposes.
(b) Descriptions of the responsibilities of individuals or of administrative units common to most agencies will not be accepted for publication in the Manual.
Pertinent sources of information useful to the public, in areas of public interest such as employment, consumer activities, contracts, services to small business, and other topics of public interest should be provided with each agency statement. These sources of information shall plainly identify the places at which the public may obtain information or make submittals or requests.
The form, style, and arrangement of agency statements and other materials included in the Manual and the apportionment of space therein shall be determined by the Director of the Federal Register. The U.S. Government Printing Office Style Manual is the applicable reference work in determining style.
The Manual is published on a schedule designed to provide the public with information about their Government on a timely basis. Therefore, agencies must comply with the deadline dates established by the Director of the Federal Register for transmittal of statements and charts and for the verification of proofs. Failure to do so may result in publication of an outdated statement or the omission of important material, thus depriving members of the public of information they
44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189.
37 FR 23611, Nov. 4, 1972, unless otherwise noted.
(a) Each agency that prepares a document that is subject to codification shall draft it as an amendment to the Code of Federal Regulations, in accordance with this subchapter, before submitting it to the Office of the Federal Register.
(b) Each agency that prepares a document that is subject to codification shall include words of issuance and amendatory language that precisely describes the relationship of the new provisions to the Code.
Whenever a codified regulation expires after a specified period by its own terms or by law, the issuing agency shall submit a notification by document for publication in the
(a) The major divisions of the Code are titles, each of which brings together broadly related Government functions.
(b) Subtitles may be used to distinguish between materials emanating from an overall agency and the material issued by its various components. Subtitles may also be used to group chapters within a title.
(a) The normal divisions of a title are chapters, assigned to the various agencies within a title descriptive of the subject matter covered by the agencies' regulations.
(b) Subchapters may be used to group related parts within a chapter.
(c) Chapter and subchapter assignments are made by the Office of the
(a) The normal divisions of a chapter are parts, consisting of a unified body of regulations applying to a specific function of an issuing agency or devoted to specific subject matter under the control of that agency.
(b) Subparts or undesignated center heads may be used to group related sections within a part. Undesignated center heads may also be used to group sections within a subpart.
(a) The normal divisions of a part are sections. Sections are the basic units of the Code.
(b) When internal division is necessary, a section may be divided into paragraphs, and paragraphs may be further subdivided using the lettering indicated in § 21.11.
The standard organization consists of the following structural units:
(a) Titles, which are numbered consecutively in Arabic throughout the Code;
(b) Subtitles, which are lettered consecutively in capitals throughout the title;
(c) Chapters, which are numbered consecutively in Roman capitals throughout each title;
(d) Subchapters, which are lettered consecutively in capitals throughout the chapter;
(e) Parts, which are numbered in Arabic throughout each title;
(f) Subparts, which are lettered in capitals;
(g) Sections, which are numbered in Arabic throughout each part. A section number includes the number of the part followed by a period and the number of the section. For example, the section number for section 15 of part 21 is “§ 21.15”; and
(h) Paragraphs, which are designated as follows:
In a case where related parts or related sections are grouped under a heading, numbers may be reserved at the end of each group to allow for expansion.
(a) Any deviation from standard Code of Federal Regulations designations must be approved in advance by the Office of the Federal Register. Requests for approval must be submitted in writing at least five working days before the agency intends to submit the final rule document for publication and include a copy of the final rule document.
(b) The Director of the Federal Register may allow the keying of section numbers to correspond to a particular numbering system used by an agency only when the keying will benefit both that agency and the public.
(a) Each rule and proposed rule document submitted to the Office of the Federal Register shall contain the following headings, when appropriate, on separate lines in the following order:
(1) Agency name;
(2) Subagency name;
(3) Numerical references to the CFR title and parts affected;
(4) Agency numbers of identifying symbol in brackets, if used;
(5) Brief subject heading describing the document.
(b) Each CFR section in the regulatory text of the document shall have
A table of contents shall be used at the beginning of the part whenever a new part is introduced, an existing part is completely revised, or a group of sections is revised or added and set forth as a subpart or otherwise separately grouped under a center head. The table shall follow the part heading and precede the text of the regulations in that part. It shall also list the headings for the subparts, undesignated center headings, sections in the part, and appendix headings to the part or subpart.
Each part heading shall indicate briefly the general subject matter of the part. Phrases such as “Regulations under the Act of July 28, 1955” or other expressions that are not descriptive of the subject matter may not be used. Introductory expressions such as “Regulations governing” and “Rules applicable to” may not be used.
(a) Each amendatory document shall identify in specific terms the unit amended, and the extent of the changes made.
(b) The number and heading of each section amended shall be set forth in full on a separate line.
(a) Each reference to the Code of Federal Regulations shall be in terms of the specific titles, chapters, parts, sections, and paragraphs involved. Ambiguous references such as “herein”, “above”, “below”, and similar expressions may not be used.
(b) Each document that contains a reference to material published in the Code shall include the Code citation as a part of the reference.
(c) Each agency shall publish its own regulations in full text. Cross-references to the regulations of another agency may not be used as a substitute for publication in full text, unless the Office of the Federal Register finds that the regulation meets any of the following exceptions:
(1) The reference is required by court order, statute, Executive order or reorganization plan.
(2) The reference is to regulations promulgated by an agency with the exclusive legal authority to regulate in a subject matter area, but the referencing agency needs to apply those regulations in its own programs.
(3) The reference is informational or improves clarity rather than being regulatory.
(4) The reference is to test methods or consensus standards produced by a Federal agency that have replaced or preempted private or voluntary test methods or consensus standards in a subject matter area.
(5) The reference is to the Department level from a subagency.
For parallel reference, the Code of Federal Regulations and the
___ CFR ___ (___ FR ___). § __ of this chapter (___ FR ___).
When reference is made to material codified in the 1938 edition of the Code of Federal Regulations, or a supplement thereto, the following forms may be used, as appropriate:
___ CFR, 1938 Ed., ___.
___ CFR, 1943, Cum. Supp., ___.
___ CFR, 1946 Supp., ___.
Each document subject to codification shall include a clear statement as to the date or dates upon which its contents become effective.
To display OMB control numbers in agency regulations, those numbers shall be placed parenthetically at the end of the section or displayed in a table or codified section.
Each section in a document subject to codification must include, or be covered by, a complete citation of the authority under which the section is issued, including—
(a) General or specific authority delegated by statute; and
(b) Executive delegations, if any, necessary to link the statutory authority to the issuing agency.
(a) Each issuing agency is responsible for the accuracy and integrity of the citations of authority in the documents it issues.
(b) Each issuing agency shall formally amend the citations of authority in its codified material to reflect any changes therein.
The Director of the Federal Register may make exceptions to the requirements of this subpart relating to placement and form of citations of authority whenever the Director determines that strict application would impair the practical use of the citations.
(a) The requirements for placing authority citations vary with the type of amendment the agency is making in a document. The agency shall set out the full text of the authority citation for each part affected by the document.
(1) If a document sets out an entire CFR part, the agency shall place the complete authority citation directly after the table of contents and before the regulatory text.
(2) If a document amends only certain sections within a CFR part, the agency shall present the complete authority citation to this part as the first item in the list of amendments.
(i) If the authority for issuing an amendment is the same as the authority listed for the whole CFR part, the agency shall simply restate the authority.
(ii) If the authority for issuing an amendment changes the authority citation for the whole CFR part, the agency shall revise the authority citation in its entirety. The agency may specify the particular authority under which certain sections are amended in the revised authority citation.
(b) The agency shall present a centralized authority citation. The authority citation shall appear at the end of the table of contents for a part or after each subpart heading within the text of a part. Citations of authority for particular sections may be specified within the centralized authority citation.
Citation to a nonstatutory document as authority shall be placed after the statutory citations. For example:
Sec. 9, Pub. L. 89-670, 80 Stat. 944 (49 U.S.C. 1657). E.O. 11222, 30 FR 6469, 3 CFR, 1965 Comp., p. 10.
(a) Formal citations of authority shall be in the shortest form compatible with positive identification and ready reference.
(b) The Office of the Federal Register shall assist agencies in developing model citations.
(a)
10 U.S.C. 501.
(b)
Sec. 5, Pub. L. 89-670, 80 Stat. 935 (49 U.S.C. 1654); sec. 313, Pub. L. 85-726, 72 Stat. 752 (49 U.S.C. 1354).
Nonstatutory documents shall be cited by document designation and by
Special Civil Air Reg. SR-422A, 28 FR 6703, 14 CFR part 4b. E.O. 11130, 28 FR 12789; 3 CFR 1959-1963 Comp.
44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 CFR, 1954-1958 Comp., p. 189.
37 FR 23614, Nov. 4, 1972, unless otherwise noted.
(a) The name of the agency issuing a notice shall be placed at the beginning of the document.
(b) Whenever a specific bureau, service, or similar unit within an agency issues a notice, the name of that bureau, service, or unit shall be placed on a separate line below the name of the agency.
(c) An agency that uses file numbers, docket numbers, or similar identifying symbols shall place them in brackets immediately below the other headings required by this section.
(d) A suitable short title identifying the subject shall be provided beginning on a separate line immediately after the other required caption or captions. Whenever appropriate, an additional brief caption indicating the nature of the document shall be used.
The authority under which an agency issues a notice shall be cited in narrative form within text or in parentheses on a separate line following text.
Each proposed rule required by section 553 of title 5, United States Code, or any other statute, and any similar document voluntarily issued by an agency shall include a statement of—
(a) The time, place, and nature of public rulemaking proceedings; and
(b) Reference to the authority under which the regulatory action is proposed.
The area of the Code of Federal Regulations directly affected by a proposed regulatory action shall be identified by placing the appropriate CFR citation immediately below the name of the issuing agency. For example:
1 CFR part 22
Any part of a proposed rule document that contains the full text of a proposed regulation shall also conform to the pertinent provisions of part 21 of this chapter.