AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 215

REPLY to opposition to motion re 202 Second Motion for Summary Judgment filed by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC. (This document is SEALE filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: # 1 [REDACTED] Defendant's Response to Plaintiffs' Objections to Certain Evidence In Support of Defendant's Second Supplemental Statement of Material Facts, # 2 Public Resource's Evidentiary Objections In Reply to Plaintiffs' Opposition to Public Resource's Second Motion for Summary Judgment and Reply In Support of Plaintiffs' Second Motion for Summary Judgment and for A Permanent Injunction [Dkt. 213], # 3 Supplemental Reply Declaration of Matthew Becker In Support of Public Resource's Second Motion for Summary Judgment, # 4 Exhibit 98, # 5 Exhibit 99, # 6 Exhibit 100, # 7 Exhibit 101, # 8 Exhibit 102, # 9 Exhibit 103, # 10 Public Resource's Statement of Disputed Facts In Opposition to [213-1] Plaintiffs' Third Supplemental Statement of Material Facts In Support of Their Second Motion for Summary Judgment and A Permanent Injunction, # 11 Public Resource's Reply In Support of Its Request for Judicial Notice [Dkt. 204-3], # 12 Public Resource's Motion to Strike Plaintiffs' Response to Public Resource's Statement of Disputed Facts [Dkt. 213-21], # 13 Text of Proposed Order Granting Public Resource's Motion to Strike Plaintiffs' Response to Public Resource's Statement of Disputed Facts [Dkt. 213-21])(Bridges, Andrew) Modified on 1/17/2020 (ztd).

EXHIBIT 99

5

SATURDAY, NOVEMBER 4, 1972
WASHINGTON, D.C.
Volume

PART

ADMINISTRATIVE
COMMITTEE
O F THE
FEDERAL REGISTER
Regulations affecting
Federal Register

OFFICE O F THE
FEDERAL REGISTER
Incorporation by Reference

23602

Title 1—

RULES ANO REGULATIONS
dates and
GENERAL PROVISIONSEffective no significant time periods.
There was
opposition to

Chapter I— Administrative Committee
of the Federal Register
REVISION OF REGULATIONS
This document effects a complete re­
vision o f the regulations of the Admin­
istrative Committee o f the Federal Reg­
ister. The purpose of this revision is to
make the F e d e r a l R e g is t e r a more
meaningful and more useful publication.
With the enactment of, the Administra­
tive Procedure Act in 1946, Congress pro­
vided an opportunity for general partici­
pation in the administrative actions o f
the Federal Government. However, in
order to participate effectively, cit­
izens must be able to understand the
actions, both proposed and final, as pub­
lished in the F e d e r a l R e g is t e r . Unfor­
tunately, in many instances, documents
are being written so that the criticisms
by Rudolph Flesch in his 1946 book, “ The
Art of Plain Talk” are still valid. In a
chapter entitled “ How To Read the F e d ­
e r a l R e g is t e r ,” Mr. Flesch quotes sev­
eral virtually unintelligible documents
and reaches this conclusion :
Slow ly we begin to understand. T h e F e d ­
R e g i s t e r is n o t supposed to be read at
all. It sim ply prints th in gs so th a t som e day,
som ewhere, som e governm ent official can say:
“ Yes, b u t it says in th e F e d e r a l R e g i s t e r
* * * ” . All th is governm ent stuff, in other
words, is n o t reading m atter, b u t prefabri­
cated p a tts o f quarrels.
eral

Today, interest in the F e d e r a l R e g is ­
is at an all-time high. Consumer
groups and other public-interest oriented
organizations regularly examine its con­
tents to keep up with the administrative
rulings of the Federal Government. The
Administrative Committee of the Fed­
eral Register feels that affirmative action
is required to make the F e d er al R e g is t e r
more meaningful to readers and believes
that the new requirements contained in
this revision will further that purpose.
Following is a summary o f the most
significant changes in existing regula­
tions effected by this revision :
1. Requirement for a preamble in each
document that describes the contents of
the document in a manner sufficient to
apprise a reader who is not an expert in
the subject area of the general subject
matter of the document.
2. Requirement for setting forth spe­
cific effective dates and action dates.
3. Changes in publication dates of the
daily F e d er al R e g is t e r .
4. Staggered publication of the Code
of Federal Regulations.
In general, the responses to the three
proposals published by the Administra­
tive Committee on which these amend­
ments are based were almost completely
favorable. Two of the proposals pub­
lished on July 27, 1972, at 37 F.R. 15006,
related to limited subject areas (effec­
tive dates and time periods and
staggered publication of the Code of
Federal Regulations) and because o f
overwhelmingly favorable comments re­
ceived may be disposed of quickly.
ter

FEDERAL

the Committee’s proposal that to the
extent practical each document sub­
mitted for publication in the F e d e r a l
R e g is t e r should set forth dates certain
as opposed to dates based on publication
which must be computed by each inter­
ested party. Nor was there any signifi­
cant objection to the computation
method proposed to be used by the staff
of the F e d er al R e g is t e r for inserting a
date certain where a document does con­
tain a time period based on the publica­
tion date.
In commenting on this proposal, a
large number o f commentors indicated
that too often Federal agencies allow
inadequate time periods for commenting
on proposed regulations. Several com menters stated that for most proposals
o f any significance a 45-day comment
period should be considered the mini­
mal. While outside the scope of this pro­
posal, the Administrative Committee
calls these comments to the attention of
regulatory agencies since it is apparent
that many persons feel that in the past
they have not had adequate time to
analyze and comment on proposed Fed­
eral actions.
Staggered publication o f the Code of
Federal Regulations. The proposal to
stagger the publication o f the Code of
Federal Regulations also received al­
most unanimous support. There was
some concern that it would be more d if­
ficult to check on changes to a particu­
lar Code of Federal Regulations volume
since the current finding aids (the Gen­
eral Index and List of Sections Affected)
are based on the annual Code of Fed­
eral Regulations. The Office of the Fed­
eral Register will revise the coverage of
these finding aids so that Code of Fed­
eral Regulations users will have no diffi­
culty at any time determining the regu­
lations currently in effect.
The proposed general revision of the
Administrative Committee’s Regulations.
The remaining changes in the present
regulations o f the Administrative Com­
mittee o f the Federal Register are based
on the notice o f proposed rule making
published in the F e d e r a l R e g is t e r on
April 4, 1972 (37 F.R. 6805).
Adequate preambles. Not surprisingly,
virtually all of the comments received
from outside the Federal establishment
enthusiastically supported the Commit­
tee’s proposal that each rule making
document contain adequate preamble
statements that summarize the contents
of the document and discuss such things
as the substance of the proposed rules,
major issues involved, and basis and pur­
pose thereof, etc. The comments received
from Federal rule making agencies gen­
erally supported the proposed require­
ment although several felt that the pro­
posal went beyond the requirements of
the Administrative Procedure Act (5
U.S.C. 551-555). Others questioned the
authority for the Director of the Federal
Register to return a document to a Fed­
eral agency when it is signed by a quali­
fied official o f the agency.
With respect to the first point, as was
discussed in the preamble to the notice of
VOL. 37, NO. 214— SATURDAY, NÒVÉMl

proposed rule making and in the amend­
ment adopting the “ Highlights” require­
ment (36 F.R. 5203), the Administrative
Committee believes that the proposed re­
quirements are clearly within the spirit
and intent of the Federal Register Act
(44 U.S.C. 1501-1511) and the Adminis­
trative Procedure Act.
One Federal agency recommended that
the required preamble statement should
describe the contents of the document
“ in a manner sufficient to apprise a
reader, who is not an expert, of the gen­
eral subject matter o f such rules.” The
Committee believes this language ex­
presses its intent even better than the
language proposed and has incorporated
it in a revised § 18.12 so that it applies
to both notices o f proposed rule making
and final rules. Also, as suggested by
several comments, ! 18.12, as adopted, re­
quires that to the extent practicable each
proposed rule making preamble should
discuss the reasons for the proposed rule.
Where a final rule was preceded by a
notice o f proposed rule making, § 18.12,
as adopted, also requires that the pre­
amble “ indicate in general terms the
principal differences, if any, between the
rules as proposed and the rules as
adopted.” This requirement (as commenters suggested) has been substituted
for the proposed requirement that the
preamble discuss “ the disposition of the
significant comments received.”
The provision concerning the return
o f documents by the Director of the Fed­
eral Register to agencies has been trans­
ferred from section 18.12 to a more ap­
propriate location, section 2.4, which re­
lates to the general authority of the Di­
rector. It should be pointed out that
throughout the years since the beginning
o f the F e d e r a l R e g is t e r , the Director has
exercised this authority many times. This
does not mean that the Director is sub­
stituting his judgment for that o f the
issuing agency. In most cases, questions
concerning the adequacy o f documents
are handled informally to the satisfac­
tion o f both the agency and the Office of
the Federal Register. Only in an extreme
case, when a document is patently inade­
quate, would the Director return the
document.
Liaison officers. Several agencies ques­
tioned the proposed change concerning
liaison officers to the extent that it ap­
peared to inject the Director o f the Fed­
eral Register into the internal affairs of
an agency. This, of course, was not the
intent o f the proposal. As adopted,
§ 16.1(b) has been modified to simply
recommend that each agency choose as
its liaison officer a person who is directly
involved in the agency’s regulatory pro­
gram. In this way the officer will be in
the best position to serve both his
agency and the Office of the Federal
Register.
Publication dates. There were only two
significant objections to the proposal that
the F e d e r a l R e g is t e r be published Mon­
day through Friday rather than Tues­
day through Saturday, as it has been for
over 35 years. Several commenters were
concerned that the former Saturday is­
sue, which would now carry a Monday
date, might not be put in the mails un:R ■ 1972
!,

23603

RULES AND REGULATIONS
til Monday rather than early Saturday
morning, as is presently the case. As the
preamble to the notice of proposed rule
making stated, adoption o f the new pub­
lication schedule would not change exist­
ing work schedules. The F e d e r a l R e g is ­
ter bearing the Monday dateline will be
printed and deposited at the post office
before 9 a.m. on Saturday.
The other objection concerned certain
agricultural marketing documents that
have for many years been published in
the Saturday F e d e r a l R e g is t e r in ad­
vance of the new crop-week which begins
on Sunday. While the Committee recog­
nizes that elimination of the Saturday
F ederal R e g is t e r will require certain ad­
justments in this particular regulatory
area, it believes that the overall benefits
justify this one inconvenience. Further­
more, any person depending on the F e d ­
eral R e g is t e r for notice o f a particular
action would be hard pressed to obtain
copies of a Saturday F e d e r a l R e g is t e r
before the beginning o f a time period
commencing on Sunday. Therefore, while
the practice o f publishing such docu­
ments on a Saturday may have provided
pro forma compliance with some legal
requirement, the Committee believes
that publication of the same class of doc­
uments in the Friday F e d e r a l R e g is t e r
will better serve to provide actual notice
to those persons affected.
Inclusion of dates in the Highlights
listing. The response to the Committee’s
request for advice on the advisability of
continuing to publish significant dates
in the Highlights listing was mixed.
After considering all the comments re­
ceived, the Committee has decided to
continue the use of important dates in
the Highlights listing where practicable.
Except for a few minor reorganiza­
tion and other nonsubstantive changes,
1 CFR Chapter I, set forth below, con­
forms to the notices o f proposed rule
making referred to above.
In consideration o f the foregoing,
1 CFR Chapter I is amended to read as
set forth below:
Effective date. Except for the provi­
sions of § 8.3, whidli take effect im­
mediately, this amendment is effective
January 2,1973.
A d m i n is t r a t i v e C o m m i t t e e
T h e F e d e r a l R e c is t e r ,

of

J ames B . R h oads,

Archivist o f the United
States, Chairman.
H . J. H u m p h r e y,

Acting Public Printer,
Member.
M

Approved:

ary

O. E astw ood,

Representative of the
Attorney General,
Member.

R ich a r d G , K

l e in d ie n s t ,

Attorney General.
A . S am pson,

Acting Administrator o f
General Services.

SUBCHAPTER A— GENERAL

PART 1—-DEFINITIONS
§ 1.1 Definitions.
As used in this chapter, unless the
context requires otherwise—
“ Administrative Committee” means
the Administrative Committee o f the
Federal Register established under sec­
tion 1506 o f title 44, United States Code;
“ Agency”
means each authority,
whether or not within or subject to re­
view by another agency, of the United
States, other than the Congress, the
courts, the District o f Columbia, the
Commonwealth o f Puerto Rico, and the
territories and possessions o f the United
States;
“ Document” includes any Presidential
proclamation or Executive order, and any
rule, regulation, order, certificate, code
o f fair competition, license, notice, or
similar instrument issued, prescribed, or
promulgated by an agency;
“ Document having general applicabil­
ity and legal effect” means any docu­
ment issued under proper authority pre­
scribing a penalty or course o f conduct,
conferring a right, privilege, authority,
or immunity, or imposing an obligation,
and relevant or applicable to the gen­
eral public, members o f a class, or per­
sons in a locality, as distinguished from
named individuals or organizations; and
“ Regulation” and “ rule” have the same
meaning.
(44 U .S.C. 1506; sec. 6, E.O . 10530, 19 FR
2709; 3 CFR 1954-1958 Com p. p . 189)

PART 2— GENERAL INFORMATION
Sec.
2.1 Scope and purpose.
2.2 Adm inistrative C o m m ittee o l th e Fed­
eral Register.
2.3 Office o f th e Federal Register; location ;
office h o m e .
2.4 General au th ority o f Director.
2.5 P ublication o f statu tes, regulations, and
related d ocum ents.
2.6 Unrestricted use.

A uthority : 4 4 U .S.C. 1506; sec. 6, E.O.
10530, 19 F R 2709; 3 CFR 1954-1958 Com p,
p. 189.

§ 2.1

Scope and purpose.

(a) This chapter sets forth the policies,
procedures, and delegations under which
the Administrative Committee o f the
Federal Register carries out its general
responsibilities under Chapter 15 of Title
44, United States Code.
( b ) A p r im a ry p u rp ose o f th is ch a p te r
is t o in fo r m th e p u b lic o f th e n a tu r e a n d
u ses o f F ederal R egister p u b lica tio n s .

§ 2.2

Administrative Committee o f the
Federal Register.
(a) The Administrative Committee o f
the Federal Register is established by
section 1506 of Title 44, United States
Code.
(b) The Committee consists of—
(1) The Archivist, or Acting Archivist,
o f the United States, who is the Chair­
man;

(2) An officer o f the Department of
Justice designated by the Attorney Gen­
eral; and
(3) The Public Printer or Acting Pub­
lic Printer.
(c) The Director o f the Federal Regis­
ter is the Secretary of the Committee.
(d) Any material required by law to
be filed with the Committee, and any
correspondence, inquiries, or other m a­
terial intended for the Committee or
which relate to Federal Register publi­
cations shall be sent to the Director of
the Federal Register.
§ 2.3

Office o f the Federal Register;
location; office hours.
(a) The Office of the Federal Register
is a component o f the National Archives
and Records Service of the General Serv­
ices Administration.
(b) The Office is located at 633 Indi­
ana Avenue NW., Washington, D.C.
(c) The mailing address is: Office o f
the Federal Register, National Archives
and Records Service, Washington, D.C.
20408.
(d) Office hours are 8:45 a.m, to 5:15
p.m., Monday through Friday, except for
official Federal holidays.
§ 2.4

General authority o f Director.

(a) The Director o f the Federal Reg­
ister is delegated authority to administer
generally this chapter, the related pro­
visions of Chapter 15 of Title 44, United
States Code, and the pertinent provisions
of statutes and regulations contemplated
by section 1505 of Title 44, United States
Code.
(b) The Director may return to the
issuing agency any document submitted
for publication in the F e d e r a l R e g is t e r ,
or a special edition thereof, if in his
judgment the document does not meet
the minimum requirements of this
chapter.
§ 2.5

Publication o f statutes, regula­
tions, and related documents.

(a) The Director of the Federal Regis­
ter is responsible for the central filing of
the original acts enacted by Congress and
the original documents containing Ex­
ecutive orders and proclamations of the
President, other Presidential documents,
regulations, and notices o f proposed rule
making and other notices, submitted to
the Director by officials o f the executive
branch of the Federal Government.
(b) Based on the acts and documents
filed under paragraph (a) o f this section,
the Office of the Federal Register pub­
lishes the “ slip laws,” the “ United States
Statutes at Large,” the daily F e d e r a l
R e g is t e r , and the “ Code o f Federal
Regulations.”
(c) Based on source materials that are
officially related to the acts and docu­
ments filed under paragraph (a) o f this
section, the Office also publishes the
“ United States Government Organiza­
tion Manual,” the “ Public Papers o f the
Presidents o f the United States,” and the
“ Weekly Compilation o f Presidential
Documents.”

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

23604

RULES AND REGULATIONS

§ 2.6 Unrestricted use.
Any person may reproduce or repub­
lish, without restriction, any material
appearing in any regular or special edi­
tion o f the F e d e r a l R e g is t e r .
part

3—

s e r v ic e s t o t h e p u b l ic

sec.
3.1
3.2
3.3
3.4

In form a tion services.
P ublic inspection o f docum ents.
R eproductions an d certified copies o f
acts and docum ents.
Availability o f Federal Register p ub lica­
tions.

A u t h o r i t y : 44 U .S.C. 1506; sec. 6, E.O.
10530, 19 F .R . 2709; 3 C F R 1954-1958 Com p,
p. 189.

§ 3.1 Information services.
Except in cases where the time re­
quired would be excessive, information
concerning the publications described in
§ 2.5 of this chapter and the original acts
and documents filed with the Office of
the Federal Register is provided by the
staff o f that Office. However, the staff
may not summarize or interpret sub­
stantive text of any act or document.
§ 3.2 Public inspection o f documents.
(a) Current documents filed with the
Office of the Federal Register pursuant to
law are available for public inspection in
Room 405, 633 Indiana Avenue NW.,
Washington, D.C., during the Office of
the Federal Register office hours. There
are no form al inspection procedures or
requirements.
(b) The Director of the Federal Regis­
ter shall cause each document received
by the office to be filed for public in ­
spection not later than the working day
preceding the publication day for that
document.
(c) The Director shall cause to be
placed on the original and certified copies
o f each document a notation of the day
and hour when it was filed and made
available for public inspection.
(d) Manual, typewritten, or other cop­
ies o f documents or excerpts may be
made at the inspection desk.
§ 3.3

Reproductions and certified copies
o f acts and documents.
The regulations for the public use of
records in the National Archives (41 CFR
Part 105-61) govern the furnishing o f re­
productions o f acts and documents and
certificates o f authentication fo r them.
Section 105-61.108 of those regulations
provides for the advance payment o f
appropriate fees for reproduction services
and for certifying reproductions.
§ 3.4

Availability o f Federal Register
publications.

(a) The publications described in § 2.5
o f this chapter are published by the G ov­
ernment Printing Office and are sold by
the Superintendent o f Documents, Gov­
ernment Printing Office, Washington,
D.C. 20402. They are not available for
free distribution to the public.
(b) Federal Register publications are
available through subscription, as fo l­
lows:

(1) Slip laws. In accordance with sec­
tion 709 o f title 44, United States Code,
printed slip form copies o f public and
private laws are available from the
Superintendent o f Documents, individ­
ually or by subscription service on a
yearly basis.
(2) U.S. Statutes at Large. In accord­
ance with section 728 of title 44, United
States Code, copies o f the United States
Statutes at Large are available from the
Superintendent of Documents.
(3) Federal Register. Daily issues are
furnished to subscribers on a monthly or
yearly basis, at a price determined by
the Administrative Committee and paid
in advance to the Superintendent o f
Documents. Limited quantities of current
or recent copies may be obtained from
the Superintendent o f Documents at a
price determined by him.
(4) Code o f Federal Regulations. Sub­
scription services on a yearly basis to
the volumes comprising the Code, and
individual copies thereof, are sold by the
Superintendent of Documents at prices
determined by him, under the general
direction of the Administrative Commit­
tee.
(5) U.S. Government Organization
Manual. Placed on sale by the Superin­
tendent of Documents at a price deter­
mined by him, under the general direc­
tion o f the Administrative Committee.
(6) Public Papers o f the Presidents of
the United States. Annual volumes are
placed on sale by the Superintendent o f
Documents at a price determined by him,
under the general direction o f the Ad­
ministrative Committee.
(7) W eekly Compilation o f Presiden­
tial Documents. Placed on sale by .the
Superintendent o f Documents at a price
determined by him, under the general
direction of the Administrative Commit­
tee.
SUBCHAPTER B— THE FEDERAL REGISTER

PART 5— GENERAL
Sec.
5.1 P ub lication policy.
5.2 D ocum ents required to be filed and
published.
5.3 P ublication o f other d ocum ents.
5.4 P ublication n o t authorized.
5.5 Su pplem en t t o th e Code o f Federal
R egulations.
5.6 D aily publication.
5.7 Delivery an d m ailing.
5.8 F orm o f citation .
5.9 Categories o f docum ents.
A u t h o r i t y : 44 U .S.C . 1506; sec. 6, E.O.
10530, 19 F R 2709; 3 C F R 1954-1958 Com p,
p. 189.

§ 5 .1

Publication policy.

be published in the F e d e r a l R egister
as promptly as possible, within limita­
tions imposed by considerations of ac­
curacy, usability, and reasonable costs.
(c)
In prescribing regulations govern­
ing headings, preambles, effective dates,
authority citations, and similar matters
o f form, the Administrative Committee
does not intend to affect the validity of
any document that is filed and published
under law.
§ 5.2

Documents required to be filed
and published.
The following documents are required
to be filed with the Office of the Federal
Register and published in the F ederal
R

e g is t e r :

(a) Presidential proclamations and
Executive orders in the numbered series,
and each other document that the Presi­
dent submits fo r publication or orders to
be published.
(b) Each document or class of docu­
ments required to be published by act of
Congress.
(c) Each document having general ap­
plicability and legal effect.
§ 5.3 . Publication o f other documents.
Whenever the Director o f the Federal
Register considers that publication of a
document not covered by § 5.2 would be
in the public interest, he may allow that
document to be filed with the O ffice of
the Federal Register and published in
the F e d e r a l R e g is t e r .
§ 5.4 Publication not authorized.
(a) Chapter 15 of Title 44, United
States Code, does not apply to treaties,
conventions, protocols, or other interna­
tional agreements, or proclamations
thereof by the President.
(b) Chapter 15 of Title 44, United
States Code, prohibits the publication in
the F ederal R egister o f comments or
news items.
(c) The Director o f the Federal
Register may not accept any document
for filing and publication unless it is the
official action o f the agency concerned.
Chapter 15 o f Title 44, United States
Code, does not authorize or require thé
filing and publication o f other papers
from an agency.
§ 5.5

Supplement to the Code o f Federal
Regulations.
The F e d e r a l R e g is t e r serves as a daily
supplement to the Code o f Federal Reg­
ulations. Each document that is subject
to codification and published in a daily
issues shall be keyed to the Code of Fed­
eral Regulations.

(a) Pursuant to Chapter 15 o f Title 44, § 5.6 Daily publication.
United States Code, and this chapter,
There shall be an edition of the F ed­
the Director o f the Federal Register shall
eral R e
publish a serial publication called the working g is t e r for each official Federal
day.
“ F ederal
R e g is t e r ”
to contain the
following:
§ 5.7 Delivery and mailing.
(1) Executive orders, proclamations,
The Government Printing Office shall
and other Presidential documents.
distribute the F e d e r a l R e g is t e r by de­
(2) Documents required to be pub­ livery or by deposit at a post office at or
lished therein by law.
before 9 a.m. on the publication day, ex­
(3) Documents accepted for publica­ cept that each F e d e r a l R e g is t e r dated
tion under § 5.3.
for a Monday shall be deposited at a
(b) Each document required or au­ post office at or before 9 a.m. on the
thorized to be filed for publication shall preceding Saturday.

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS

23605

(b)
An advance printing and binding
s p e cifica lly a ffe cte d b y d o c u m e n ts p u b ­
§ 5*8 Form o f citation.
Without prejudice to any other form of lis h e d in th e F ederal R egister d u rin g th e requisition on Standard Form 1 must be
submitted by the agency directly to the
citation, F e d e r a l R e g is t e r material may p e r io d i t cov ers.
Government Printing Office, to be re­
be cited by volume and page number, and § 6.5 Index-digests and guides.
ceived not later than 12 noon on the
the short form “ F R ” may be used for
(a) The Director o f the Federal working day before publication.
“Federal R e g is t e r ” . For example, “ 37
Register may cause to be prepared and
FR 6803” refers to material beginning published, yearly or at other intervals § 7.5 Requisitions for quantity overruns
o f separate Part issues.
on page 6803 of volume 37 of the daily as necessary to keep them current and
issues.
(a) Whenever it is determined by the
useful, index-digests and similar guides,
based on laws, Presidential documents, Director of the Federal Register to be in
§ 5.9 Categories o f documents.
the public interest, one or more docu­
Each document published in the F e d ­ regulations, and notice materials p u b ­ ments may be published as a separate
lished by the Office and which serve a
eral R e g ist e r shall be placed under one
Part (e.g., Part II, Part III) of the
of the following categories, as indicated: need o f users o f the F e d e r a l R e g is t e r .
(b) Each digest and guide is consid­ F e d e r a l R e g is t e r .
(a) The President. Containing each
(b) Advance arrangements for this
Executive order or Presidential proc­ ered to be a special edition o f the F e d ­
lamation, and each other Presidential e r a l R e g is t e r whenever the public need service must be made with the Office of
document that the President submits for requires special printing or special the Federal Register.
binding in substantial numbers.
(c) Any agency may request an over­
publication or orders to be published.
run of such a separate Part by submitting
(b) Rules and regulations. Containing
an advance printing and binding requisi­
each document subject to codification,
PART 7— d is t r ib u t io n w it h in
tion on Standard Form 1 directly to the
except those covered by paragraph (a) of
FEDERAL GOVERNMENT
Government Printing Office, to be re­
this section.
ceived not later than 12 noon on the
(c) Proposed rule making. Containing Sec.
working day before the publication date.
each notice of proposed rule making sub­ 7.1 M em bers o f Congress.
7.2 T h e Judiciary.
mitted pursuant to section 553 of Title 5, 7.3 Executive agencies.
§ 7.6 Extra copies.
United States Code, or any other law, 7 .4 R equ isition s for q u an tity overruns o f
An agency may order limited quantities
and each notice of a similar nature
specific issues.
voluntarily submitted by an issuing 7.5 R equ isition s fo r q u a n tity overruns o f o f extra copies of a specific issue o f the
F e d e r a l R e g is t e r , for official use, from
separate Part n Issues.
agency.
the Superintendent o f Documents, to be
(d) Notices. Containing miscellaneous 7.6 E xtra copies.
A u t h o r i t y : 44 U .S.C . 1506; sec. 6 , E.O .
paid for by that agency.
documents not covered by paragraph ( a ) ,
10530,
(b), or (c) of this section, such as notices p. 189. 19 F R 2709; 3 C F R 1954-1958 Com p,
SUBCHAPTER C— SPECIAL EDITIONS OF THE
of hearings that are not included under
FEDERAL REGISTER
proposed rule making documents and § 7.1 Members o f Congress.
documents accepted for publication on
Each Senator and each Member o f the
PART 8— CODE OF FEDERAL
the basis of public interest.
House of Representatives is entitled to
REGULATIONS
not more than five copies o f each daily Sec.
issue o f the F ederal R egister , without 8.1 Policy.
PART 6— INDEXES AND ANCILLARIES charge.
8.2 Orderly developm ent.
8.3 Periodic updating.
Sec.
§ 7.2 The Judiciary.
8.4 Indexes.
6.1 Index to dally issues.
6.2 Analytical su b je ct indexes.
(a) The Supreme Court. The Supreme 8.5 Ancillaries.
8.6 G eneral form at and
6.3 Daily lists o f parts affected.
Court is entitled to the number o f copies 8.7 Agency cooperation. binding.
6.4 Monthly list o f sections affected.
o f each daily issue o f the F ederal R egis ­ 8.8 Official distribution.
6.5 Index-digests an d guides.
ter that it needs for official use, without
8.9 F orm o f citation .
Authority: 44 U.S.C. 1506; sec. 6, E.O. charge.
A u th ority : 4 4 U .S.C. 1506; sec. 6, E.O.
10530, 19 FR 2709; 3 CFR 1 9 54-1958 C om p,
(b) Other courts. Each other consti­ 10530, 19 F R 2709; 3 C F R 1954-1958 Com p,
p. 189.
tutional or legislative court o f the United p . 189.
§ 6.1 Index to daily issues.
States is entitled to the number of copies
§ 8.1 Policy.
Each daily issue o f the F e d e r a l R e g ­ o f each daily issue o f the F ederal
(a) Pursuant to Chapter 15 of Title 44,
R egister that it needs for official use,
i s t e r shall be appropriately indexed.
without charge, based on a written au­ United States Code, the Director of the
§ 6.2 Analytical subject indexes.
thorization submitted to the Director o f Federal Register shall publish period­
Analytical subject indexes covering the the Federal Register by the Director of ically a special edition o f the F e d er al
contents of the F ederal R egister shall the Administrative Office o f the U.S. R e g is t e r to present a compact and
practical code called the “ Code of Fed­
be published as currently as practicable, Courts specifying the number needed.
eral Regulations” , to contain each Fed­
and shall be cumulated and separately § 7.3 Executive agencies.
eral regulation o f general applicability
published at least once each calendar
(a) Each Federal executive agency is and current or future effect.
year.
entitled to the number o f copies o f each
(b) The Administrative Committee
§ 6.3 Daily lists o f parts affected.
daily issue o f the F ederal R egister that intends that every practical means be
(a) Each daily issue of the F e d er al it needs for official use, without charge. used to keep the Code as current and
R egister shall carry a numerical list of
(b) The person in each agency con­ readily usable as possible, within limita­
the parts of the Code of Federal Regula­ cerned who is authorized under §§ 16.1 tions imposed by dependability and rea­
tions specifically affected by documents and 16.4 of this chapter to list the offi­ sonable costs.
published in that issue.
cers and employees o f that agency who § 8.2 Orderly development.
(b) Beginning with the second issue of need the F ederal R egister for daily use
T o assure orderly development of the
each month, each daily issue shall also shall send a written request to the Di­
Code of Federal Regulations along prac­
carry a cumulated list of the parts a f­ rector o f the Federal Register for place­
fected b y documents published during ment o f the names o f those officers and tical lines, the Director o f the Federal
that month.
Register may establish new titles in the
employees on the mailing list.
§ 6.4 Monthly lists o f sections affected, § 7.4 Requisitions fo r quantity overruns Code and rearrange existing titles and
subordinate assignments. However, be­
o f specific issues.
A monthly list of sections o f the Code
(a)
T o meet its needs fo r special dis­ fore taking an action under this section,
of Federal Regulations affected shall be
separately published on a cumulative tribution o f the F ederal R egister in sub­ the Director shall consult with each
basis during each calendar year. The list stantial quantity, any agency may re­ agency directly affected by the proposed
change.
shall identify the sections of the Code quest an overrun o f a specific issue.
FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

23606

RULES AND REGULATIONS

1949 to December 31,1963.) Listings shall times designated by the Administrative
§ 8.3 Periodic updating.
(a) Criteria. Each book o f the Code refer to F e d e r a l R e g is t e r pages and Committee of the Federal Register a
shall be updated at least once each shall be designed to enable the user of special edition o f the F e d e r a l R egister
calendar year. I f no change in its con­ the Code to assure himself of the precise called the “ United States Government
Organization Manual” or any other title
tents has occurred during the year, a text that was in effect on a given date
that the Administrative Committee of
simple notation to that effect may serve in the period covered.
the Federal Register considers appropri­
as the supplement for that year. More § 8.6 General format and binding.
ate. The Director of the Federal Register
frequent updating of any unit o f the
The Director of the Federal Register may issue special supplements to the
Code may be made whenever the Direc­ shall provide for the binding o f the Code Manual when he considers such supple­
tor of the Federal Register determines into as many separate books as are indi­ mentation to be in the public interest.
that the content o f the unit has been cated by the needs o f users and compati­
substantially superseded or otherwise ble with the facilities of the Government § 9.2 Scope.
determines that such action would be Printing Office.
(a) The Manual shall contain appro­
consistent with the intent and purpose
§ 8.7 Agency cooperation.
priate information about the Executive,
o f the Administrative Committee as
Each agency shall cooperate in keeping Legislative, and Judicial branches of the
stated in § 8.1.
(b) Staggered publication. The Code publication o f the Code current by com ­ Federal Government, which for the
will be produced over a 12-month period plying promptly with deadlines set by the m ajor Executive agencies shall include—
(1) Descriptions o f the agency’s public
under a staggered publication system Director o f the Federal Register and the
purposes, programs and functions;
to be determined by the Director o f the Public Printer.
(2) Established places and methods
Federal Register.
§ 8.8 Official distribution.
whereby the public may obtain informa­
(c) Cutoff dates. Each updated Title
(a) The Code shall be distributed to tion and make submittals or requests;
o f the Code vdll reflect each amendment
and
to that Title published in the F e d er al the following, without charge:
(3) Lists of officials heading major
(1) Congress. To each committee o f
R e g is t e r on or before the “ As o f” date.
Thus, each Title updated as of July 1 the Senate and House o f Representatives operating units.
(b) Brief information about quasi­
each year will reflect all amendatory in the quantity needed for official use,
documents appearing in the daily F e d ­ upon the written authorization o f the official agencies and supplemental infor­
committee chairman or his delegate, to mation that in the opinion o f the Director
e r a l R e g is t e r on or before July 1.
of the Federal Register is of enough pub­
the Director of the Federal Register.
§ 8.4 Indexes.
(2) Supreme Court. T o the Supreme lic interest to warrant inclusion shall
A subject index to the entire Code shall Court in the quantity needed for official also be published in the Manual.
be annually revised and separately pub­ use.
§ 9.3 Distribution to Government agen­
lished. An agency-prepared index for
(3) Other courts. T o other constitu­
cies.
any individual book may be published tional and legislative courts of the United
(a) The Manual shall be distributed
with the approval of the Director of the States, in the quantity needed for official
Federal Register.
use, upon the written authorization of to the following, in the quantities indi­
the Director o f the Administrative Office cated, without charge:
§ 8.5 Ancillaries.
(1) Members o f Congress. Each Sena­
The Code shall provide, among others, o f the U.S. Courts to the Director o f the tor and each Member of the House of
Federal Register.
the following-described finding aids:
(4) Executive agencies. To officials, Representatives shall be furnished two
(a) Parallel tables o f statutory au­
libraries, and m ajor organizational units copies, and is entitled to not more than
thority and rules. In Title 2 o f the Code
10 additional copies upon his written
of Federal Regulations or at such other o f the executive agencies in the quantity authorization to the Director of the
needed for official use, upon the written
place as the Director o f the Federal
Federal Register.
Register considers appropriate, numer­ authorization o f the authorizing officer
(2) Congressional committees. Each
or his alternate designated under § 16.1
ical lists of all sections of the current
committee is entitled to the quantity
of this chapter.
edition o f the United States Code (ex­
needed for official use, upon the written
(b) Legislative, judicial, and executive request of the chairman of the commit­
cept section 301 of Title 5) which are
cited by issuing agencies as rule making agencies of the Federal Government may tee, or his delegate, to the Director, for
authority for currently effective regula­ obtain selected units o f the Code, as placement on the mailing list.
tions in the Code of Federal Regulations. needed in substantial quantity for spe­
(3) Supreme Court. The Supreme
The lists shall be arranged in the order cial distribution, by the timely submis­ Court is entitled to 18 copies.
o f the titles and sections o f the United sion of a printing and binding requisition
(4) Other courts. Each other co n stitu ­
States Code with parallel citations to to the Government Printing Office on tional or legislative court is e n title d to
Standard Form 1.
the pertinent titles and sections o f the
one copy, upon the written a u th o riz a ­
Code of Federal Regulations.
tion o f the Director of the A d m in is tra ­
§ 8.9 Form o f citation.
(b) Parallel tables o f Presidential
tive Office o f the U.S. Courts to th e Di­
The Code of Federal Regulations may
documents and agency rules. In Title
be cited by title and section, and the rector o f the Federal Register.
3 of the Code of Federal Regulations,
(5) Executive agencies. The head of
or at such other place as the Director o f short form “ CFR” may be used for “ Code
o f Federal Regulations.” For example, “ 1 each executive agency and each liaison
the Federal Register considers appro­
priate, tables o f proclamations, Executive CFR 10.2” refers to Title 1, Code o f Fed­ officer designated under § 16.1 or § 20.1
o f this chapter is entitled to one copy.
orders, and similar Presidential docu­ eral Regulations, Part 10, section 2.
(b) Legislative, judicial, and executive
ments which are codified, cited as au­
thority, quoted, cited in text, or included
agencies o f the Federal Government may
PART 9— U.S. GOVERNMENT
or referred to in currently effective reg­
obtain additional copies o f the Manual,
ulations as published in the Code of Sec. ORGANIZATION MANUAL
at cost, for official use by submission,
Federal Regulations.
9.1 P ublication required.
before the press rim, o f a printing and
(c) List of sections affected. Follow­ 9.2 Scope.
binding requisition to the Government
ing the text of each book or cumulative 9 a D istrib ution to G overnm en t agencies.
Printing Office on Standard Form 1.
supplement, a numerical list o f sections
A u t h o r i t y : 4 4 U .S .C . 1506; sec. 8, E.O .
which are affected by documents pub­ 10530, 19 P R 2709; 3 C F R 1954-1958 Com p, After the press run, each request for
lished in the F e d e r a l R e g is t e r . (A sep­ p. 189.
extra copies of the Manual must be ad­
arate volume, “ List o f Sections Affected,
§ 9.1 Publication required. .
dressed to the Superintendent of Docu­
1949-1963” lists all sections o f the Code
which have been affected by documents
The Director o f the Federal Register ments, to be paid for by the agency or
published during the period January 1, shall separately publish annually or at official making the request.

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS

23607

his term o f office, upon his written re­ Subpart G— Supplemental Printing and Editorial
Services
quest to the Director of the Federal
16.15 Purpose.
Register.
Sec.
15.16 Use o f Federal R egister stan ding type.
(2) Supreme Court. The Supreme 15.17 Special editorial service.
10.1 Publication required.
Court is entitled to 12 copies o f each 15.18 Sup p lem ental lo ose -le af services.
10.2
Coverage o f prior years.
annual volume.
10.3
Scope and sources.
A u t h o r it y :
4 4 U .S.C. 1506; sec. 8, E.O .
1D.4 Format, Indexes, and ancillaries.
(3) Executive agencies. The head o f
10530,
10.5
Distribution to G overnm ent agencies.
each executive agency is entitled to one p. 189. 19 F R 2 7 09; 3 C F R 1 9 54-1958 Com p,
10.6
Extra copies.
copy o f each annual volume upon appli­
Subpart A— General
cation to the Director.
Subpart B— Weekly Compilation
(b)
Legislative, judicial, and executive§ 15.1 Cooperation.
10.10 Publication required.
agencies o f the Federal Government may
10.11 Format and indexes.
The Director of the Federal Register
obtain copies of the annual volumes, at
10.12 D istribution to G overnm ent agencies.
cost, for official use, by the timely submis­ shall assist each agency in complying
with the pertinent publication laws to as­
A u t h o r i t y : 44 U .S.C. 1506; sec. 6, E.O.
sion o f a printing and. binding requisition
10530, 19 FR 2709; 3 C F R 1954-1958 Com p,
to the Government Printing Office on sure efficient public service in promul­
p. 189.
gating administrative documents having
Standard Form 1.
the effect of legal notice or o f law.
Subpart A— Annual Volumes
§ 10.6 Extra copies.
§ 15.2 Information services.
§ 10.1 Publication required.
Each request for extra copies of the
The Director of the Federal Register
The Director of the Federal Register annual volumes must be addressed to
shall provide for the answering o f each
shall publish, at the end of each calendar
the Superintendent of Documents, to be appropriate inquiry presented in person,
year, a special edition o f the F e d e r a l
paid for by the agency or official making
by telephone, or in writing. Each written
R egister called the “ Public Papers of the
the request.
communication and each matter involv­
Presidents of the United States.” Unless
ing classified material or the Adminis­
Subparf B— Weekly Compilation
the amount of material requires other­
trative Committee shall be sent to the
wise, each volume shall cover one cal­
§ 10.10 Publication required.
Director, Office of the Federal Register,
endar year.
The Director of the Federal Register National Archives and Records Service,
§ 10.2 Coverage o f prior years.
shall publish a special edition of the Washington, DC 20408.
After consulting with the National His­ F e d e r a l R e g is t e r called the “ Weekly § 15.3 Staff assistance.
torical Publications Commission on the Compilation of Presidential Documents.”
The staff of the Office o f the Federal
need therefor, the Administrative Com­
§10.11 Format and indexes.
Register shall provide informal assist­
mittee may authorize the publication of
(a) The Weekly Compilation shall be ance and advice to officials o f the various
volumes o f papers of the Presidents cov­
published in the binding and style that agencies with respect to general or spe­
ering specified years before 1957.
the Administrative Committee considers cific programs of regulatory drafting,
§ 10.3 Scope and sources.
procedures, and promulgation practices.
suitable for public and official use.
(a) The basic text o f each volume shall
(b) The Director of the Federal R eg­ § 15.4 Reproduction o f certified copies
o f acts and documents.
consist of oral statements by the Presi­
ister shall provide indexes and any other
dent or of writings subscribed by him, and
finding aids that he considers appropri­
The Director of the Federal Register
selected from—
ate for effective use.
shall furnish to requesting agencies,
(1) Communications to the Congress;
§ 10.12 Distribution
to Government without charge, reproductions or certi­
(2) Public addresses;
fied copies of original acts and documents
agencies.
(3) Transcripts of news conferences;
filed with that Office that are needed for
(a) The Weekly Compilation shall be official use. However, In a case involving
(4) Public letters;
distributed regularly to Members of the voluminous material or numerous copies,
(5) Messages to heads of State;
(6) Statements released on miscel­ Senate and House of Representatives the requesting agency may be required to
and to officials of the legislative, judicial, reimburse the cost of reproduction.
laneous subjects; and
(7) Formal executive documents pro­ and executive branches of the Federal
subscriptions and requi­
Government in the quantities needed for § 15.5 OfficialFederal Register publica­
mulgated in accordance with law.
sitions o f
(b) In general, ancillary text, notes, official use.
tions.
and tables shall be derived from official
(b ) Requests for copies shall be made
The following governs the availability
sources.
in writing by the authorizing officer to
of Federal Register publications feu: o f­
§ 10.4 Format, indexes, and ancillaries. the Director of the Federal Register.
(c) Special needs for selected issues in ficial use.
(a) Slip laws. Single copies may be
(a) Each annual volume, divided into
substantial quantity shall be filled by the
obtained from the House or Senate Docu­
books whenever appropriate, shall be timely submission of a printing and bind­
separately published in the binding and
ing requisition to the Government ment Room, U.S. Congress. Quantity
overruns o f any slip law may be obtained
style th at the Administrative Committee
Printing Office on Standard Form 1.
by the timely submission o f a requisition
considers suitable to the dignity o f the
to the Government Printing Office on
Office of the President o f the United
Standard Form 1.
States.
SUBCHAPTER D— PREPARATION, TRANSMITTAL,
(b) U.S. Statutes at Large. Written re­
(b) Each volume shall be appropriately
AND PROCESSING OF DOCUMENTS
quests should be directed to the Joint
indexed and contain appropriate ancil­
PART 15— SERVICES TO FEDERAL
lary information respecting significant
Committee on Printing, United States
AGENCIES
Presidential documents not printed in
Capitol, Washington, D.C. 20510. General
full text.
Subpart A— General
provisions relating to the distribution o f
Sec.
§ 10.5 Distribution to Government agen­ 15.1 Cooperation.
the UJ3. Statutes at Large are set forth in
cies.
15.2
In form a tion services.
section 728 o f Title 44, United States
(a)
The Public Papers of the Presi­ 15.3 Staff assistance.
Code.
dents of the United States shall be dis­ 15.4 R eproduction o f certified copies o f
<c> Federal Register. See §§7.1 to 7.6
acts and d ocum ents.
tributed to the following, in the quanti­
o f this chapter.
15.5
Official subscriptions an d requisitions
ties indicated, without charge:
o f Federal R egister publications.
(d) Code o f Federal Regulations. See
(1) Members of Congress. Each Sen­
§ 8.8 o f this chapter.
Subpart B— Special Assistance
ator and each Member o f the House of
(e) U.S. Governm ent Organization
Representatives is entitled to one copy 15.10 In form a tion on d rafting and p ub lica­
tion.
°f each annual volume published during
Manual. See § 9.3 o f this chapter.

PART 10— PRESIDENTIAL PAPERS
Subpart A— Annual Voluntas

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS

23608

(3)
An authorizing officer and an§ 17.1 Receipt and processing.
alternate.
Unless special arrangements are made
The same person may be designated to with the Director of the Federal Register,
the Office o f the Federal Register re­
serve in one or more o f these positions.
(b) In choosing its liaison officer, each ceives documents only during official
agency should consider that this officer working hours. Upon receipt, each doc­
will be the main contact between that ument shall be held fo r confidential
Subpart B— Special Assistance
agency and the Office o f the Federal processing until it is filed for public
§ 15*10 Information on drafting and Register and that the liaison officer will inspection.
publication.
be charged with the duties set forth in
R egular S ch edu le
The Director o f the Federal Register § 16.2. Therefore, the agency should § 17.2 Procedure and timing for regular
may prepare, and distribute to agencies, choose a person who is directly involved
schedule.
information and instructions d e s ir e d to in the agency’s regulatory program.
(a) Each document received shall be
(c) Each agency shall notify the
promote effective compliance with the
purposes o f Chapter 15 of Title 44, United Director o f the name, title, address, and assigned to the regular schedule unless
States Code, sections 553-554 o f Title 5, telephone number o f each person it des­ the issuing agency makes special ar­
United States Code, related statutes, and ignates under this section and shall rangements otherwise. Receipt of a
this chapter. The Director may also de­ promptly notify the Director o f any document in the ordinary course of busi­
ness is considered to be a request for
velop and conduct programs o f technical changes.
publication on the regular schedule.
instruction.
§ 16.2 Liaison duties.
(b) The regular schedule for publica­
Subpart C— Supplemental Printing
tion is as follows:
Each liaison officer shall—
and Editorial Services
(a) Represent his agency in all mat­
R e c e iv e d
F ile d
Published
ters relating to the submission o f docu­
§ 15.15 Purpose.
ments to the Office o f the Federal Regis­
The Director o f the Federal Register ter, and respecting general compliance M o n d a y - ...............
T u e s d a y _______
may provide special services to agencies with this chapter;
W e d n esd ay_____
T h u r s d a y ........... ..
to promote efficiency and economy
(b) Be responsible for the effective
through the use o f printing and editorial distribution and use within his agency F r id a y ................... . . T u e s d a y ............... .
facilities developed in editing and pub­ o f F e d e r a l R e g is t e r information on
Where a legal Federal holiday intervenes,
lishing Federal Register publications.
document drafting and publication as­ one additional work day is added.
§ 15.16 Use o f Federal Register standing sistance authorized by § 15.10 of this
E m erg en cy S chedule
chapter; and
type.
(c) Promote his agency’s participa­ § 17.3 Criteria for emergency schedule.
Type used in printing the F e d e r a l
tion in the technical instruction author­
R e g is t e r is available for reuse by agen­
The emergency schedule is designed to
cies in making reprints, on their own ized by § 15.10 o f this chapter.
provide the fastest possible publication
requisition, by submitting a printing and § 16.3 Certifying duties.
o f a document involving the prevention,
binding requisition on Standard Form
alleviation, control, or relief o f an emer­
1 to the Office o f the Federal Register
The certifying officer is responsible for gency situation.
fo r forwarding to the Government attaching the required number o f true
Printing Office.
copies o f each original document sub­ § 17.4 Procedure and timing for emer­
gency schedule.
mitted by his agency to the Office o f
§ 15.17 Special editorial service.
the Federal Register and fo r making
(a) Each agency requesting publica­
Upon written request by an appropri­ the certification required by §§ 18.5 and tion on the emergency schedule shall
ate agency official, the staff o f the Office 18.6 o f this chapter.
briefly describe the emergency and the
of the Federal Register may compile and
benefits to be attributed to immediate
collate Code units, as o f a given date, to § 16.4 Authorizing duties.
publication i n the F e d e r a l R e g is t e r . The
assist an Issuing agency to prepare a
The authorizing officer is responsible request shall be made by letter i f time
document for publication in the F ed eral for furnishing, to the Director o f the permits.
R e g is t e r .
(b) The Director o f the Federal Regis­
Federal Register, a current mailing list
§ 15.18 Supplemental loose-leaf services. o f officers or employees o f his agency ter shall assign a document to the emer­
who are authorized to receive the F e d ­ gency schedule whenever he concurs with
T he Director o f the Federal Register e r a l R e g is t e r , the Code o f Federal Reg­ a request for that action and it is fea­
may cooperate with agencies in develop­ ulations, and the Weekly Compilation sible. The Director shall confirm the as­
ing supplemental loose-leaf services fo r o f Presidential Documents for official signment as soon as possible.
special items in which the need would use.
(c) Each document assigned to the
justify the cost.
emergency schedule shall be published
as soon as possible.
PART 17— PUBLICATION SCHEDULES
§ 17.5 Transmittal from distant points.
PART 16— AGENCY
Sec.
REPRESENTATIVES
The text o f a document assigned to the
17.1 R eceipt and processing.
See.
emergency schedule may be transmitted
16.1 D esignation.
from a distant field installation to the
R egular S ch edu le
16.2 Liaison duties.
Washington Office o f the agency con­
16.3 C ertifyin g duties.
17.2 Procedure an d tim in g for regular
cerned by telecommunication. A certi­
16.4 A u th orizin g duties.
schedule.
fied transcription o f the text may be
A u t h o r i t y : 4 4 U .S.C. 1506; sec. 6, E.O.
filed in advance o f receipt of the original
E m ergency S chedule
10530, 19 F R 2709; 3 C F R 1954-1958 Com p,
document. The agency must file the orig­
p . 189.
17.3 Criteria for em ergency schedule.
inal document at the earliest possible
17.4 Procedure an d tim in g fo r em ergency
§ 16.1 Designation.
time. In such a case, the publication date
schedule.
is based on receipt o f the certified tran­
(a)
Each agency shall designate, from 17.5 T ran sm ittal fro m d ista n t points.
scribed copies by the Office of the Fed­
its officers or employees, persons to serve
D eferred S c h e d u l e
eral Register.
in the following capacities with relation
to the Office o f the Federal Register:
17.6 Criteria.
§ 17.6 Criteria.
( 1 ) A liaison officer and an alternate.
A document may be assigned to the de­
A u t h o r i t y : 4 4 U .S.C. 1506; sec. 6, E .O .
(2) A certifying officer and an alter­ 10530, 19 F R 2709; 3 C F R 1954-1958 Com p, ferred schedule under the following
nate.
p . 189.
conditions:
( f ) Public Papers o f the Presidents o f
the United States. See §§ 10.5 and 10.6 o f
this chapter.
(g) W eekly Compilation o f Presi­
dential Documents. See § 10.12 o f this
chapter.

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS
(a> There are technical problems,
unusual tabulations, or Illustrations, or
the document is o f such size as to require
extraordinary processing time.
(b) The agency concerned requests a
deferred publication date.

PART

18— PREPARATION
AND
TRANSMITTAL OF DOCUMENTS
GENERALLY

Sec.

18.1
18.2
18.3
18.4
18.5
18.6
18.7
18.8
18.9
18.10
18.11
18.12
18.13
18.14
18.15
18.16
18.17

Original and copies required.
Prohibition o n com bined docum ents.
Subm ission o f docum ents and letters
o f transm ittal.
Form o f docum ent.
Certified copies.
Form of certification.
Signature.
Seal.
Style.
Illustrations and tabular m aterial.
Forms.
Preamble requirem ents.
W ithdraw al o f filed docum ents.
Correction o f errors in d ocum ents.
Correction o f errors in printing.
Highlights.
Effective dates and tim e periods.

A u t h o r i t y : 4 4 IJ.S.C. 1506; sec. 6, E.O.
10530, 19 FR 2709; 3 C F R 1954-1958 Com p,
p. 189.

§ 18.1 Original and copies required.
(a) Except as provided in § 19.2 o f this
subchapter for Executive orders and
proclamations, each agency submitting a
document to be filed and published in the
F ederal R e g is t e r shall send an original
and two duplicate originals or certified
copies. However, if the document is
printed or processed on both sides, the
agency shall send, in addition to the
original, three duplicate originals or cer­
tified copies.
(b) In the case of a document issued
outside of the District of Columbia, an
agency may submit certified text in place
of the original. However, it must replace
the certified text with the original docu­
ment as soon as practicable for filing as
required by Chapter 15 o f Title 44, United
States Code.
§ 18.2 Prohibition on combined docu­
ments.
(a) The Director of the Federal Reg­
ister may not accept a document for fil­
ing and publication if it combines ma­
terial that must appear under more than
one category in the F e d e r a l R e g is t e r .
For example, a document may not con­
tain both rule making and notice o f pro­
posed rule making material.
(b) Where two related documents are
to be published in the same F e d e r a l
R egister issue, the agency may arrange
with the Office of the Federal Register
for the insertion o f cross-references In
each document.
§ 18.3 Submission o f documents and
letters o f transmittal.
(a) Each document authorized or reby law to be filed with the Office
or the Federal Register, published in the
federal R e g is t e r , or filed with the Ad­
ministrative Committee shall be sent to
the Director of the Federal Register.

No. 214—Pt. II----- 2

(to) Except fo r cases involving special
handling or treatment, there is no need
for a letter of transmittal for a document
submitted for filing and F e d e r a l R e g is ­
t e r publication.

23609

<c> Descriptions o f land must conform,
so far as practicable, to the current edi­
tion o f the “ Specifications for Descrip­
tions of Tracts of Land for Use in Execu­
tive Orders and Proclamations” prepared
by the Bureau of Land Management, De­
§ 18.4 Form o f document.
partment of the Interior.
(a) Except as provided in paragraph
(b) of this section, to be eligible for filing § 18.10 Illustrations and tabular ma­
terial.
and publication in the F e d e r a l R e g is t e r ,
(a) An original drawing, or a clear re­
a document must be typewritten on white
bond paper approximately 8 by 10 M production, o f each map, chart, graph,
s
inches in size, double spaced, with a left- or other illustration that is found to be
hand margin of approximately 1 % a necessary part of a document to be filed
inches and a right-hand margin of ap­ and published may be accepted only after
submission to the Director o f the Federal
proximately 1 inch.
(b) A printed or processed document Register at least 6 working days before
may be accepted for filing and publica­ the date on which publication is desired.
(b) A clear and legible reproduction of
tion if it is suitable as an archival orig­
inal. However, a photostatic copy may the original illustration, approximately
not be accepted as an original document. 8 by IOV2 inches, shall be included in the
(c) A document in the form of a let­ original document and each certified
ter may not be accepted fo r filing or copy.
(c) Tabular material consisting of
publication in the rules and regulations,
proposed rule making, or notices cate­ more than two typewritten pages that is
to be a part of a document to be filed
gories of the F e d e r a l R e g is t e r .
and published shall be submitted to the
§ 18.5 Certified copies.
Director at least 6 working days before
(a) The certified copies or duplicate the date on which publication is desired.
originals o f each document must be at­
§ 18.11 Forms.
tached to the original. Each copy or
Except when considered necessary by
duplicate must be entirely clear and
the Director of the Federal Register,
legible.
(b) Copies o f a typewritten original tabulated blank forms for applications,
may be the first two carbon copies o f registrations, reports, contracts, and
the ribbon original, positive photostats similar items, and the instructions for
on paper with a matte surface, or electro­ preparing the forms, may not be pub­
lished in full. In place thereof, the agency
static copies.
(c) Publication dates are determined concerned shall submit for publication a
at the time when clear and legible copies simple statement describing the purpose
and use o f each form and stating the
are received.
places at which copies may be obtained.
§ 18.6 Form o f certification.
§ 18.12 Preamble requirements.
Each copy of each document submitted
Each notice of proposed rule making
for filing and publication, except a Presi­
dential document or a duplicate original, and final rule making document shall
must be certified substantially as follows: conform to the following :
(a) There must be a clear preamble
(Certified to be a true copy o f th e original)
statement that describes the contents
signed by a certifying officer designated of the document in a manner sufficient
under § 16.1 of this chapter.
to apprise a reader, who is not an expert
in the subject area, o f the general subject
§ 18.7 Signature.
matter o f the rule making document.
T h e original and each duplicate orig­
(b) To the extent practicable, the pre­
inal document must be signed in ink, with amble statement fo r a proposed rule
the name and title o f the official signing making document should also discuss
the document typed or stamped beneath the m ajor issues involved in, and the
his signature. Initialed or Impressed reasons for, the proposed rules.
signatures may not be accepted.
(c) T o the extent practicable, the pre­
amble statement for a rule or regulation
§ 18.8 Seal.
Use o f a seal on an original document that was preceded by a notice of pro­
posed rule making, should also indicate
or certified copy is optional with the is­ in general terms the principal differ­
suing agency.
ences, if any, between the rules as pro­
posed and the rules as adopted.
§ 18.9 Style.
Each agency submitting a document § 18.13 Withdrawal o f filed documents.
fo r filing and publication shall prepare it
A document that has been filed with
in accordance with the following:
(a) Punctuation, capitalization, spell­ the Office o f the Federal Register and
ing, and other matters o f style must con­ placed on public inspection as required
form , in general, to the current edition by this chapter, may be withdrawn from
o f the U.S. Government Printing Office publication by the submitting agency only
Style Manual.
by a timely written instrument revoking
(b) The spelling o f geographic names that document, signed by a duly au­
must conform to the decisions o f the
Board on Geographic Names, established thorized representative o f the agency.
by section 2 o f the act o f July 25, 1947, Both the original and the revoking docu­
61 Stat.456 (43 U.S.C. 364a).
ment shall remain on file.

FEDERAL REGISTER, V O L 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS

23610
§ 18.14 Correction o f errors in docu­
ments.
After a document has been filed for
public inspection and publication, a sub­
stantive error in the text may be cor­
rected only by the filing of another docu­
ment effecting the correction.
§ 18.15 Correction o f errors in printing.
Typographical or clerical errors made
in the printing of the F e d e r a l R e g is t e r
shall be corrected by insertion of an ap­
propriate notation or a reprinting in the
F e d e r a l R e g is t e r published without fur­
ther agency documentation, if the Direc­
tor of the Federal Register determines
that—
(a) The error would tend to confuse
or mislead the reader; or
(b) The error would affect text sub­
ject to codification.
§ 18.16 Highlights.
(a) Except as provided in paragraph
(b) o f this section, each agency which
submits a document for publication in
the F e d e r a l R e g is t e r shall furnish with
the document two copies o f a descriptive
catchword or phrase and a brief state­
ment that:
(1) Names the agency issuing the
document;
(2) Identifies the principal subject of
the document; and
(3) States any important dates, such
as closing date for comments, hearing
date, or effective date.
The language o f the statement sub­
mitted under this section and the head­
ings required by Parts 17 and 22
of this chapter may be the same when­
ever appropriate. The following are ex­
amples o f the kinds o f statements
intended by this requirement:
D ETER G E N TS— Proposed PTC labeling and
advertising
requirem ents
for
synthetic
detergents— com m en t period ends 4 -1 9 -7 2 ;
p ub lic hearing 4 -2 6 -7 2 .
CO AL M IN E S A F E T Y — Interior D epart­
m e n t procedures to assess civil penalties for
violations— effective 1 -1 6 -7 3 .

(b) A statement need not be sub­
mitted with a document that is mak­
ing nonsubstantive changes that are
corrective or editorial in nature. The Di­
rector o f the Federal Register may grant
additional exceptions to the requirements
o f this section. The Director shall pub­
lish once each month in the F e d e r a l
R e g is t e r a list o f the classes o f docu­
ments exempted under this section dur­
ing the preceding month, stating the
agency involved and the document or
class o f documents.
(c) Selected statements submitted
under this section shall be included in a
highlights listing which will be printed
in a prominent place in the daily F e d ­
e r a l R e g is t e r . The Director shall exer­
cise final editorial control over the word­
ing o f each statement and make the
final determination as to its inclusion in
the highlights listing.
(d) Neither failure to submit a state­
ment under this section, nor failure
to print such a statement in the high­
lights listing in the F e d e r a l R e g i s t e r

affects the legal status o f a docu­
ment printed in the F e d e r a l R e g is t e r .
Highlights listings printed in the F e d ­
e r a l R e g is t e r are intended solely to
serve as an aid to readers and the word­
ing o f a listed item is not intended to
interpret the language of the document.
F e d e r a l R e g is t e r readers should con­
tinue to use the Table o f Contents to
identify the documents published in
each issue and the text o f a document
to determine its legal effect.
§ 18.17 Effective dates and time periods.
(a) Whenever practicable, each docu­
ment submitted for publication in the
F e d e r a l R e g is t e r should set forth dates
certain. Thus, a document should state
"all comments received before July 3,
1972, will be considered” or "this amend­
ment takes effect July 3, 1972,” rather
than stating a time period measured by
a certain number of days after publica­
tion in the F e d e r a l R e g is t e r . Where a
document does contain a time period
rather than a date certain, the F e d e r a l
R e g is t e r staff will insert a date certain
to be computed as set forth in paragraph
(b) o f this section.
(b) Dates certain will be computed by
counting the day after the publication
day as one, and by counting each suc­
ceeding day, including Saturdays, Sun­
days, 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.

PART 19— EXECUTIVE ORDERS AND
PRESIDENTIAL PROCLAMATIONS
Sec.
19.1
19.2
19.3
19.4
19.5
19.6

Form .
R ou tin g and approval o f d rafts.
R ou tin g an d certification o f originals
and copies.
Proclam ations calling for th e observ­
ance o f special days or events.
Proclam ations o f treaties excluded.
Definition.

N o t e : T h e provisions o f th is Part 19 de­
rived from sections 1 to 6 of Executive
Order 11030, 27 F R 5847, 3 C F R 1959-1963
C om p., p . 610, an d E.O . 11354, 32 F R 7695,
196 6 -19 7 0 Com p., p . 652.

§ 19.1 Form.
Proposed Executive orders and procla­
mations 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 o f the authority under
which it is issued.
(c) Punctuation, capitalization, spell­
ing, and other matters o f style shall, in
general, conform to the most recent edi­
tion of the U.S. Government Printing
Office Style Manual.
(d) The spelling o f geographic names
shall conform to the decisions o f the
Board on Geographic Names, established
by section 2 o f the act o f July 25, 1947,
61 Stat. 456 (43 U.S.C. 364a).
(e) Descriptions o f tracts o f land
shall conform, so far as practicable, to
the most recent edition o f the "Specifl-

cations for Descriptions o f Tracts of
Land for Use in Executive Orders and
Proclamations,” prepared by the Bureau
of Land Management, Department of the
Interior.
(f) Proposed Executive orders and
proclamations shall be typewritten on
paper approximately 8 x 13 inches, shall
have a left-hand margin o f approxi­
mately iy 2 inches and a right-hand
margin o f approximately 1 inch, and
shall be double-spaced except that quo­
tations, tabulations, and descriptions of
land may be single-spaced.
(g) Proclamations issued by the Presi­
dent shall conclude with the followingdescribed recitation:
IN W IT N E S S W H ER EO F , I have hereunto
set m y h an d th is ____ day o f ________ ,____ , in
th e year o f our L o r d ___ li _________________ _ and
o f th e Independence o f th e U nited States of
Am erica t h e _________________________

§ 19.2 Routing and approval o f drafts.
(a) A proposed Executive order or
proclamation shall first be submitted,
with seven copies thereof, to the Di­
rector o f the Office o f Management and
Budget, together with a letter, signed by
the head or other properly authorized
officer of the originating Federal agency,
explaining the nature, purpose, back­
ground, and effect o f the proposed Exec­
utive order or proclamation and its rela­
tionship, if any, to pertinent laws and
other Executive orders or proclamations.
(b) I f the Director o f the Office of
Management and Budget approves the
proposed Executive order or proclama­
tion, 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 proc­
lamation, he shall transmit it to the
Director of the Office of the Federal
Register, National Archives and Records
Service, General Services Administra­
tion: Provided, That in cases involving
sufficient urgency the Attorney General
may transmit it directly to the President:
And provided further, That the authority
vested in the Attorney General by this
section may be delegated by him, in
whole or in part, to the Deputy Attorney
General, Solicitor General, or to such
Assistant Attorney General as he may
designate.
(d) After determining that the pro­
posed Executive order or proclamation
conforms to the requirements of § 19.1
and is free from typographical or clerical
error, the Director o f the Office of the
Federal Register shall transmit it and
three copies thereof to the President.
(e) I f the proposed Executive order or
proclamation is disapproved by the Di­
rector o f 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 o f the reasons for such
disapproval.
§ 19.3 Routing and certification o f orig­
inals and copies.
(a) I f the order or proclamation is
signed by the President, the original and
two copies shall be forwarded to the Di-

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS
rector of the Federal Register fo r publi­
cation in the F e d e r a l R e g is t e r .
(b) The Office o f the Federal Register
shall cause to be placed upon the copies
of all Executive orders and proclama­
tions forwarded as provided in paragraph
(a) of this section the following nota­
tion, 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.”
§ 19.4 Proclamations calling for the ob­
servance o f special days or events.
Except as may be otherwise provided
by law, responsibility for the preparation
and presentation of proposed proclama­
tions calling for the observance o f 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 appro­
priate. Such proposed proclamations
shall be submitted to the Director at least
60 days before the date o f the specified
observance.
§ 19.5 Proclamations o f treaties ex­
cluded.
Consonant with the provisions of
Chapter 15 of Title 5 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 proclama­
tions thereof by the President.
§ 19.6 Definition.
The term “ Presidential proclamations
and Executive orders,” as used in Chap­
ter 15 of Title 5 of the United States Code
(44 U.S.C. 1505(a) ), shall, except as the
President or his representative may here­
after otherwise direct, be deemed to in­
clude such attachments thereto as are
referred to in the respective proclama­
tions or orders.

PART 20— HANDLING OF UNITED
STATES GOVERNMENT ORGANIZA­
TION MANUAL STATEMENTS
Sec.
20.1 Liaison officers.
20.2 Preparation o f agency statem ents.
20.3 Organization.
20.4 Description o f program activities.
20.5 Sources o f inform ation.
20.6 Form, style, arrangem ent, and appor­
tionm ent o f space.
20.7 Deadline dates.
A u t h o r i t y : 44 U .S.C. 1506; sec. 6, E.O.
10530, 19 FR 2709; 3 CFR 1954-1958 Com p.
P. 189.

§ 20.1 Liaison officers.
Each of the following shall appoint an
officer to maintain liaison with the Office
on matters relating to the United States
government Organization M anual:
(a) Agencies of the legislative and ju ­
dicial branches.
(b) Executive agencies that do not
a **a*s?n officer designated under
I«8 j
this chapter or who wish to
appoint a liaison officer for Manual m atw sother than the one designated under
such § I6.i,

(c) Quasi-official agencies represented
in the Manual.
(d) Any other agency that the Direc­
tor believes should be included in the
Manual.
Each liaison officer will insure his agen­
cy’s compliance with Part 9 of this chap­
ter and this Part 20.
§ 20.2 Preparation o f agency state­
ments.
In accordance with schedules estab­
lished 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.
§ 20.3 Organization.
(a) Information about lines of author­
ity and organization may be reflected in
a chart if the chart clearly delineates the
agency’s organizational structure. Charts
must be submitted in duplicate in the
form o f clear prints suitable for photo­
graphing. Charts should 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 wherever pos­
sible to reflect relationships between
units.
(c) Verbal descriptions of organization
that duplicate information conveyed by
charts or by lists of officials will not be
published in the Manual.
§ 20.4 Description o f program activities.
Descriptions should state clearly the
public purposes that the agency serves,
and the programs that carry out those
purposes. Detailed descriptions of the re­
sponsibilities of individuals will not be
accepted for publication in the Manual.
§ 20.5 Sources o f information.
Pertinent sources o f information use­
ful to the public, in areas o f public in­
terest such as employment, consumer
activities, contracts, services to small
business, and other topics o f public in­
terest should be provided with each
agency statement. These sources o f in­
formation shall plainly identify the
places at which the public may obtain
information or make submittals or
requests.
§ 20.6 Form, style, arrangement and ap­
portionment o f space.
The form, style, and arrangement of
agency statements and other material in­
cluded in the Manual and the apportion­
ment 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.
§ 20.7 Deadline dates.
The Manual is published on a schedule
designed to provide the public with in­
formation about their Government on a
timely basis. Therefore, agencies must
comply with the deadline dates estab­
lished by the Director o f the Federal
Register for transmittal o f statements

23611
and charts and for the verification of
proofs. Failure to do so may result in
publication o f an outdated statement or
the omission o f important material, thus
depriving members o f the public o f in­
formation they have a right to expect
in a particular edition of the Manual.

PART 21— PREPARATION OF DOCU­
MENTS SUBJECT TO CODIFICATION
Subpart A— General
Sec.
21.1
21.2
21.3
21.4
21.5
21.6

D rafting.
[Reserved]
[Reserved]
D escriptions o f organization.
Separate d ocu m en ts for each title and
chapter am ended.
N otice
of
expiration
of
codified
m aterial.
C

21.7
21.8
21.9
21.10

ode

N

21.11
21.12
21.13
21.14
21.15

S tructure

T itles an d subtitles.
Chapters an d subchapters.
Parts, subparts, an d undesignated
center heads.
Sections.
u m b e r in g

D ivisions o f th e Code o f Federal
R egulations.
R eservation o f num bers.
A d d ition o f new u n its betw een exist­
ing units.
K eyin g to agency num berin g system s.
S tatem en ts o f policy an d interpreta­
tions.
H

e a d in g s

21.16
21.17
21.18
21.19

R equired Code headings.
Additional captions.
T ables o f contents.
Com position o f p art headings.

21.20

General requirem ents.

21.21
21.22
21.23

G eneral requirem ents.
R eferences between or w ithin titles.
Parallel citations of Code and F e d e r a l

21.24

References to 1938 E dition o f Code.

21.30

General.

21.40
21.41
21.42

General requirem ents.
Agency responsibility.
Exceptions.

21.43
21.44
21.45

Coverage.
D ocu m en ts in volving various am en d ­
m en ts.
N onstatutory au thority.

21.51
21.52
21.53

G eneral.
S tatu tory m aterials.
N on statu tory m aterials.

A

m endm ents

R

R

eferen ces

e g is t e r .

E f f e c t iv e D

S tatem ent

ate

Subpart B— Citations of Authority

Placem

ent

F orm

A u t h o r i t y : 4 4 U .S.C . 1506; sec. 6, E.O .
10530, 19 F R 2709; 3 C F R 1954-1958 Com p,
p . 189.

Subpart A— General
§ 21.1

Drafting.

(a) Bach agency that prepares a
document that is subject to codification
shall draft it as an amendment to the

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS

23612
Code of Federal Regulations, In accord­
ance with this subchapter, before sub­
mitting it to the Office o f the Federal
Register.
(b) The agency shall place a promul­
gation statement in the document pre­
cisely describing the relationship of the
new provisions to the Code.
§§ 21.2, 21.3 tReserved]
§ 2 1 .4

D e sc rip tio n s o f o r g a n iz a tio n .

The Director of the Federal Register
may designate documents submitted
under section 5 5 2 (a )(1 )(A ) of Title 5,
United States Code, as “ documents sub­
ject to codification” under special agree­
ment with the issuing agency. The agree­
ment must be in writing, signed by the
head o f the agency, or his designee, and
stating that—
(a) Publication in the Code is neces­
sary or desirable for the effective dis­
charge o f the agency’s functions or
activities; and
(b) Publication in the Code may be
discontinued by the Administrative Com­
mittee for failure of the agency to keep
publication current.
§ 21.5 Separate documents for each title
and chapter amended.
Whenever an agency is taking an ac­
tion that will amend more than one title,
or more than one chapter, o f the Code of
Federal Regulations, it shall prepare a
separate document for each title and
each chapter that is to be amended.
§ 21.6 Notice o f expiration o f codified
material.
(a) Whenever a document subject to
codification expires after a specified
period by its own terms or by law, the
issuing agency shall submit a notifica­
tion by document for publication in the

regulations applying to a specific func­
tion o f an issuing agency or devoted to
specific subject matter under the control
o f that agency.
(b) Subparts or undesignated center
heads may be used to group related sec­
tions within a part. Undesignated center
heads may also be used to group sections
within a subpart.
§ 21.10 Sections.
(a) The normal divisions of a part are
sections. Sections are the basic units of
the Code.
(b) W hen internal division is' neces­
sary, a section may be divided into para­
graphs, and paragraphs may be further
subdivided using the lettering indicated
in § 21.11.
N u m b e r in g

§ 21.11 Divisions o f the Code o f Federal
Regulations.
(a) Titles are numbered consecutively
in Arabic throughout the Code.
(b) Subtitles are lettered consecu­
tively in capitals throughout the title.
(c) Chapters are numbered consecu­
tively in Roman capitals throughout each
title.
(d) Subchapters are lettered consecu­
tively in capitals throughout the chapter.
(e) Parts are numbered in Arabic
throughout each title.
( f ) Subparts may be lettered in capi­
tals or be undesignated.
(g) Sections are numbered in Arabic
throughout each part. A section number
includes the number o f the part followed
by a decimal point and the number o f
the section. For example, the section
number for section 15 o f Part 21 is
“ § 21.15” .
(h) The lettering for divisions o f a
section is as follows:
Illustrative
lettering

F e d e r a l R e g is t e r .

(b) I f the preparation o f the docu­
ment is not practicable, the agency shall
send a timely notice, in writing, to the
Director of the Federal Register, stating
that the document is no longer in effect,
citing the pertinent terms.

Division
P a r a g r a p h ________ ____________

( a ) , ( b ) , etc.
( 1 ) , ( 2 ) , etc.
( i ) , < ii), etc.

{

iA3)» (®)» e tc'

C ode S tr ucture

§ 21.7 Tides and subtides.
(a) The major divisions o f the cod e
are titles, each o f which brings together
broadly related Government functions.
(b) Subtitles may be used to dis­
tinguish between materials emanating
from an overall agency and the material
Issued by its various components. Sub­
titles may also be used to group chapters
within a title.
§ 2 1 .8 Chapters and subchapters.
(a) The normal divisions o f a title are
chapters, assigned to the various agen­
cies within a title descriptive oif the sub­
ject matter covered by the agencies’
regulations.
(b) Subchapters may be used to group
related parts within a chapter.
§ 21.9 Parts, subparts, and undesignated
center heads.
(a) The normal divisions o f a chapter
are parts, consisting o f a unified body of

( 1 ) . {* )» etc.
( i ) , ( if ) , etc.

§ 21.12 Reservation o f numbers.
h i a case where related parts or re­
lated sections are grouped under a head­
ing, numbers shall be reserved at the
end o f each group to allow for expan­
sion.
§ 21.13 Addition o f new units between
existing units.
(a) Whenever it is necessary to intro­
duce a new part or section between
existing consecutive parts or sections, the
new part or section shall be designated
by the addition o f a lower case letter
to the number o f the preceding part or
section. For example, a part inserted be­
tween Parts 31 and 32 is numbered “ 31a” ,
and a section inserted between § 31.1 and
§ 31.2 is numbered “ § 31.1a” .
(b) Whenever it is necessary to insert
a paragraph between existing consecu­
tive paragraphs, and revision o f the en­
tire paragraph is not desired, the new
paragraph shall be designated by tire ad­
dition o f a hyphen and an Arabic num­

ber to the letter designating the preced­
ing paragraph. For example, a paragraph
inserted between paragraph (a) and (b)
is designated “ (a-1) ” .
§ 21.14 Keying to agency numbering
systems.
The Director of the Federal Register
may allow the keying o f section num­
bers to correspond to a particular num­
bering system used by an agency only
when, in his opinion, the keying will
benefit both that agency and the public.
§ 21.15 Statements o f policy and inter­
pretations.
(a) Whenever a statement o f general
policy or an interpretation, submitted
pursuant to section 55 2 (a )(1 )(D ) of
Title 5, United States Code, applies to an
entire part, it shall be included in or
appended to that part.
(b) Whenever a statement of gen­
eral policy or an interpretation applies
to a specific section it shall be appended
to that section.
(c) Statements o f policy and inter­
pretations that are broader in scope
than those covered by paragraphs (a)
and (b) o f this section shall be assigned
to a part or group o f parts within the
chapter affected.
H ea d in g s

§ 21.16 Required Code headings.
(a) The title, chapter, and part head­
ings, in that order, shall be set forth in
full on separate lines at the beginning
o f each document. Subtitle, subchapter,
and subpart headings shall, if applicable,
also be set forth.
(b) Each section shall have a brief
descriptive heading, preceding the text,
on a separate line.
§ 21.17 Additional captions.
(a) For the purpose o f publication in
the F e d e r a l R e g i s t e r , a brief cap tio n
more specifically describing the scope of
a document constituting a partial
amendment o f the material in a p a rt
shall be provided immediately below th e
part heading.
(b) An agency that uses regulation
numbers or other identifying symbols
shall place them in brackets centered im­
mediately above the part heading.
§ 21.18 Tables o f contents.
A table o f 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 sec­
tions 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 toe
subparts, undesignated center headings,
and sections in the part.
§ 21.19 Composition o f part headings.
Each part heading shall indicate
briefly the general subject matter of toe
part. Phrases such as “Regulations under
the Act of July 28,1955” or other expres­
sions that are not descriptive of the sub-

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS
ject matter may not be used. Introduc­
tory expressions such as “ Regulations
governing” and “ Rules applicable to”
may not be used.
A mendm ents

§ 21.20 General requirements.
(a) Each amendatory document shall
identify in specific terms the unit
amended, and the extent of the changes
made.
(b) The number and heading o f each
section amended shall be set forth in full
on a separate line.
R

eferences

§ 21.21 General requirements.
(a) Each reference to the Code o f
Federal Regulations shall be in terms of
the specific titles, chapters, parts, sec­
tions, and paragraphs involved. Am­
biguous 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.
§ 21.22 References between or within
titles.
Unless the meaning is otherwise pre­
cisely expressed and an undue or awk­
ward repetition would result, the follow­
ing references shall be used:
(a) Between titles. When reference is
made to material codified in a title other
than that in which the reference occurs,
the short form o f citation shall be used.
For example, a reference within Title 41
to § 2.4 of Title 1 is “ 1 CFR 2.4” .
(b) Within titles. When reference is
made to material codified in the same
title, the following forms shall be used,
as appropriate:
Chapter ______ o f this title.
Part-------- o f this title.
S -------- o f this title.

(c) Within chapters. When reference
is made to material codified in the same
chapter, the following forms shall be
used, as appropriate:

thereto, the following forms may be used,
as appropriate:
;_______ CFR , 1938 Ed., ________ _
___ _
CFR , 1943, C u m . S u p p .,...............
_______ CFR , 1946 S u p p .,___ ____ _
E f f e c t iv e D a t e S t a t e m e n t

§ 21.30 General.
Each document subject to codification
shall include a clear statement as to the
date or dates upon which its contents be­
come effective.

Subpart B— Citations of Authority
§ 21.40 General requirements.
(a) Each section in a document sub­
ject to codification shall include, or be
covered by, a complete citation of the
authority under which the section is
issued, including—
(1) General or specific authority dele­
gated by statute; and
(2) Executive delegations, if any,
necessary to link the statutory author­
ity to the issuing agency.
§ 21.41 Agency responsibility.
(a) Each issuing agency is responsible
for the accuracy and integrity o f the ci­
tations of authority in the documents it
issues.
(b ) Each issuing agency shall formally
amend the citations o f authority in its
codified material to reflect any changes
therein.
§ 21.42 Exceptions.
The Director of the Federal Register
may make exceptions to the requirements
o f this subpart relating to placement and
form of citations o f authority whenever
he determines that strict application
would impair the practical use o f the
citations.
P lacem ent

§ 21.43 Coverage.
(a) Single section. Authority covering
a single section shall be cited in paren­
theses on a separate line immediately fo l­
lowing the text o f the section. For
example:
(Sec. 5, P u b . L . 8 9 -6 7 0 , 80 S ta t. 935
U .S.C . 1 6 5 4 ))

Part ------- o f this chapter.
S- — __ of this chapter.

(d) Within sections. When reference
is made to material codified in the same
section, the following forms shall be used,
as appropriate:
Paragraph ( --------- ) o f this section.

23613

(49

(b) Blanket coverage. Authority cover­
ing two or more consecutive sections shall
be cited following the word “ AUTHOR­
IT Y ” and placed as a text note immedi­
ately preceding the first section o f the
group. For example:

§ 21.23 Parallel citations o f Code and
Federal Register.

A u t h o r i t y : Sec. 5, Pub. L. 8 9 -6 7 0 , 80 S tat.
935 (49 U .S.C. 1 6 5 4 ).

For parallel reference7 the Code o f
Federal Regulations and the F e d e r a l
Register may be cited in the follow ing
forms, as appropriate:

(c) Combined blanket and separate
coverage. Whenever individual sections
within a group covered by a blanket cita­
tion reflect additional authority, a com ­
bined form shall be used. For example:

--------- C F R -------------( _________ f r ________ >.
* ------of
th is
chapter
( _______
FR

§ 21*24 References to 1938 edition o f
Code.
en reference is made to material
in the 1938 edition o f the Code
01 Federal Regulations, or a supplement

A u t h o r i t y : Sec. 5, P u b . L . 8 9 -6 7 0 , 8 0 S tat.
935 (49 U .S.C. 1 6 5 4 ), unless otherwise noted.

(d) Combined blanket coverage. W hen­
ever a group o f two or more consecutive
sections within a broader group covered
by a blanket citation reflects the same
additional authority, a combined blanket
citation shall be used. For example:

A u t h o r it y : S e c . 5, P u b . L. 8 9 -6 7 0 , 80 S tat.
935 (49 U .S.C. 1 6 5 4 ). 55 7.1 t o 7.11 also Issued
u n d er sec. 313, Pub. L . 8 5 -7 2 6 , 72 S ta t. 752
(49 U .S.C . 1 3 5 4 ).

§ 21.44 Documents involving various
amendments.
(a) Whenever a document prescribes
several amendments issued under com ­
mon authority, the citation to that au­
thority shall be placed in parentheses on
a separate line after the last amendment.
(b) Whenever a document prescribes
several amendments issued under vary­
ing authorities, each amendment shall be
followed by the appropriate citation in
parentheses on a separate line.
§ 21.45

Nonstatutory authority.

Citation to a document as authority
shall be placed after the statutory cita­
tions. For example:
A u t h o r it y : Sec. 9, P u b . L . 8 9 -6 7 0 , 80 S tat.
944 (49 U .S.C. 1 6 5 7 ). E .O . 11222, 3 0 F R 6469,
3 C F R 1965 C om p.
F orm

§ 21.51 General.
(a) Formal citations o f authority shall
be in the shortest form compatible with
positive identification and ready refer­
ence.
(b) The Office o f the Federal Register
shall assist agencies in developing model
citations.
§ 21.52 Statutory materials.
(a) Public laws. Citations to current
public laws shall include reference to the
volume and page o f the U.S. Statutes at
Large to which they have been assigned.
For example:
Sec. 5, Pub.
U .S.C. 1654)

L.

8 9 -6 7 0 ,

80

S ta t.

935

(49

(b) U.S. Statutes at Large. Citations
to the U.S. Statutes at Large shall refer
to section, page, and volume. The page
number should refer to the page on
which the section cited begins. If the
cited material is contained in a title of
the United States Code that has not been
positively enacted, the parallel United
States Code citation shall also be given.
For example:
Sec. 5, Pub. L. 8 9 -6 7 0 , 80 S tat. 935 (49
U .S.C. 1654) ; sec. 313, P u b . L . 8 5 -7 2 6 , 72 S ta t.
752 (49 U .S.C. 1354)

(c) Positive law titles o f the United
States Code. Citations to titles o f the
United States Code that have been en­
acted into positive law (such as 1, 5, 10,
etc.) shall be cited as follows, without
public law or U.S. Statutes at Large
citation:
10 U .S.C. 501.

§ 21.53

Nonstatutory materials.

Nonstatutory documents shall be cited
by document designation and by F e d ­
e r a l R e g is t e r volume and page, followed,
if possible, by the parallel citation to the
Code o f Federal Regulations. For ex­
ample:
Special Civil A ir R eg. S R -4 2 2 A , 28 F R 6703,
14 C F R Part 4b . E .O . 11130, 28 F R 12789;
3 CFR 1959-1963 C om p.

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS

23614
PART 22— PREPARATION OF NOTICES
AND RULE MAKING PROPOSALS
N

Sec.
22.1

o t ic e s

in

G

eneral

N am e o f Issuing agency and subdivi­
sion.
A u th ority citation.

Chapter II— Office of the
Federal Register
PART 51— INCORPORATION BY
REFERENCE

The purpose of this amendment is to
adopt a revised regulation governing the
incorporation by reference of material
N o t ic e s o f P r o p o se d R u l e M a k in g
outside the Code o f Federal Regulations
22.5 G eneral requirem ents.
in Federal Register documents. This
22.6 Code d esignation.
amendment is based on a notice of pro­
22.7 Codification.
posed rule making published in the F e d ­
A u t h o r i t t : 4 4 U .S.C. 1506; sec. 6, E.O.
e r a l R e g is t e r on April 4, 1972 (37 F.R.
10530, 19 F R 2709; 3 CFR 1954-1958 Com p,
6805).
p . 189.
Several of the commenters expressed
N o t ic e s i n G e n er al
general opposition to the use o f “ incor­
§ 22.1 Name o f issuing agency and sub­ poration by reference” in Federal Regis­
division*
ter documents and recommended against
(a) The name o f the agency issuing a adoption o f proposed Part 51. With re­
notice shall be placed at the beginning o f spect to these comments, it should be
the document.
pointed out that specific congressional
(b) Whenever a specific bureau, serv­ authority for the use of incorporation by
ice, or similar unit within an agency is­ reference has existed since 1967 (5 U.S.C.
sues a notice, the name o f that bureau, 552(a)) and that proposed Part 51 is
service, or unit shall be placed on a sepa­ for the most part a revision o f 1 CFR
rate line below the name o f the agency. Part 20, which was originally adopted
(c) An agency that uses file numbers, the same year. Thus, adoption o f Part
docket numbers, or similar identifying 51 is not an invitation to increased usage
symbols shall place them in brackets im ­ o f incorporation by reference. Actually,
mediately below the other headings re­ as was discussed in the notice of pro­
quired by this section.
posed rule making, in several respects
(d) A suitable short title identifying revised Part 51 imposes more restrictions
the subject shall be provided beginning and places more control in the Director
on a separate line immediately after the o f the Federal Register than did the pre­
other required caption or captions. vious regulations.
Whenever appropriate, an additional
One commenter suggested that the
brief caption indicating the nature of the proposed regulations appear to apply
to notice o f proposed rule making docu­
document shall be used.
ments although 5 U.S.C. 552(a) applies
§ 22.2 Authority citation.
only to final rule making documents. To
The authority under which an agency clarify this, a new paragraph (e) has
issues a notice shall be cited in narrative been added to § 51.1. This new provision
form within text or in parentheses (Hi also encourages agencies to consult with
a separate line following text.
the office o f the Federal Register with
respect to the requirements of Part 51
N o t ic e s o p P roposed R u l e M a k in g
before submission o f proposed rule mak­
§ 22.5 General requirements.
ing documents. In this way agencies can
Each notice o f proposed rule making avoid problems that might surface after
required by section 553 o f title 5, United a document has gone through notice and
States Code, or any other statute, and public comment.
Another commenter pointed out that
any similar notice voluntarily Issued by
an agency shall include a statement of— the use of incorporation by reference in
(a) The time, place. Mid nature of a proposed rule making document can
public rule making proceedings; and
affect the reasonableness o f the time
(b) Reference to the authority under period for public comment. This com­
which the regulatory action is proposed. menter made the valid point that some­
times it takes weeks to obtain a technical
§ 22.6 Code designation.
document proposed to be incorporated by
The area of the Code o f Federal Regu­ reference and that little time may be
lations directly affected by a proposed left for review and submission o f com ­
regulatory action shall be identified by ments. While this comment is outside
placing the appropriate CFR citation in the scope o f the proposed regulation,
brackets immediately below the name o f agencies are urged to consider this factor
in establishing the comment period.
the issuing agency. For example;
One commenter pointed out that, as
[1 C m P art 22]
proposed, § 51.10(c) would require the
republication of a document or a portion
§ 22.7 Codification.
thereof, whenever a document contain­
Any part of a notice o f proposed rule ing an incorporation by reference is
making document that contains the full published in the F e d e r a l R e g is t e r with­
text o f a proposed regulation shall also out the Director’s advance approval. The
conform to the pertinent provisions o f commenter suggested that a more flexible
Part 21 o f this chapter.
approach might be warranted since the
[F R D oc.72-18989 Filed 1 1 -3 -7 2 ;8 :5 1 am ]
incorporation by reference might well be
22.2

one that the Director would be willing to
approve after publication and that in
such a case republication would serve no
useful purpose. Section 51.10(c) has been
rewritten to make it clear that the mere
publication in the F e d e r a l R egister of
a document containing an incorporation
by reference is not o f itself approval by
the Director o f that incorporation, in
such a situation, the Director will review
the document after publication and the
proper corrective action can be worked
out between the agency and the Director.
In consideration o f the foregoing, and
after considering all relevant comments
received, Part 51 is adopted as proposed
with the following changes:
1. A new paragraph (e) is added to
§ 51.1.
2. A new paragraph (c) is added to
§ 51.10.
3. Section 51.12 is revised.
Effective date. This amendment is ef­
fective January 2,1973.
F red J . E m e r y ,

Director of the Federal Register.
G eneral

Sec.
51.1
51.2
51.3
51.4
51.5

Policy.
M atter eligible.
D istin ctio n s.
Elem ents o n w hich approval may be
based.
F iling.

51.6
51.7
51.8

Language o f incorporation.
Id entification an d description.
S tatem e n t o f availabUity.

51.10
51.11
51.12

Advance consultation.
Letter tra n sm ittin g final document.
S tam p o f approval.

D

r a f t in g

S tandards

P u b l ic a t io n P ro ced u res

A u t h o r i t y : T he provisions of this Part
51 issued under 5 U.S.O. 5 5 2 (a ).

G

eneral

§ 51.1 Policy.
(a) Section 552(a) o f Title 5, United
States Code, provides, in part, that
“ matter reasonably available to the class
of persons affected thereby is deemed
published in the F e d e r a l R e g ist e r when
incorporated by reference therein with
the approval o f the Director of the FedRegister *
*
(b) H ie Director will strictly interpret
the language quoted in paragraph (a) of
this section to provide fairness and uni­
form ity in administrative proceedings
involving publication in the F ederal
R

e g is t e r .

(c) The Director will interpret and
apply the language quoted in paragraph
(a) o f this section with full regard to
the significance o f related instruments
governing publication in the F ederal
R e g is t e r and the Code of Federal Regu­
lations. Related instruments include—
(1) Subchapter II o f Chapter 5 of Title
5, United States Code;
(2) Chapter 15 of Title 44, United
States Code;
(3) Chapter I o f this title; and

FEDERAL REGISTER, VOL. 37, NO. 214— SATURDAY, NOVEMBER 4, 1972

RULES AND REGULATIONS
(4)
Special statutory provisions listed tions are favorable and reasonably
in appendix B to Chapter I of this title, stable:
that require publication in the F ederal
(a) The matter is eligible.
Register.
(b) Incorporation will substantially
(d) The Director will assume that the reduce the volume o f material published
language quoted in paragraph (a) of this in the F ederal R egister .
section is—
(c) The matter incorporated is in fact
(1) Designed to cover the limited pur­ available to the extent necessary to a f­
poses of section 552(a) of title 5, United ford fairness and uniformity in the
States Code; administrative process.
(2) Intended to benefit both the Fed­
(d) The incorporating document is
eral Government and the members o f the drafted and submitted for publication in
classes affected by reducing the volume accordance with this part.
of matter printed in the F ederal R e g is ­ § 51.5 Filing.
ter; and
Copies o f material approved for incor­
(3) Not intended to detract from the
legal or practical attributes of the system poration by reference including copies
established under the basic instruments of all amendments or revisions to that
material, shall be filed with the Office of
listed in paragraph (c) of this section.
(e) While the requirements of 5 U.S.C. the Federal Register.
552(a) and of this part apply to a final
D rafting S tandards
rule making document, issuing agencies
are encouraged to consult the Office of § 51.6 Language o f incorporation.
the Federal Register with respect to the
(a) The language incorporating ma­
requirements of this part before sub­ terial by reference shall be as precise and
mitting for publication a notice of pro­ complete as possible.
posed rule making document that con­
(b) The words expressing the incor­
tains an incorporation by reference.
poration shall make it clear that the
incorporation by reference is intended
§ 51.2 Matter eligible.
and completed by the document in which
To be eligible for incorporation by it appears.
reference, under section 552(a) o f Title 5,
United States Code, in a document to be § 51.7 Identification and description.
published in the F ederal R eg ister , mate­
(a) Each incorporation by reference
rial must conform to the policy stated shall include an identification and sub­
in § 51.1 and be in the nature of pub­ ject description of the matter incorpo­
lished data, criteria, standards, specifica­ rated, in terms as precise and useful as
tions, techniques, illustrations, or other practicable within the limits o f reason­
published information reasonably avail­ able brevity.
able to the members o f the class that
(b) Titles, dates, editions, numbers,
would be affected by the publication.
authors, and publishers shall be stated
whenever they would contribute to clear
§ 51.3 Distinctions.
identification.
(a) Ordinary references. For the pur­
(c) A brief subject description shall
poses of this part, informational refer­ be included to inform the user o f his
ences and cross references that do not potential need to obtain the matter
purport to incorporate outside matter incorporated.
within a F ederal R egister document are
not considered to be legal incorporations § 51.8 Statement o f availability.
by reference under section 552(a) of Title
(a) Information. Each incorporation
5, United States Code.
by reference shall include a statement
(b) Regulations governing availability covering the availability of the material
of agency issuances. Regulations govern­ incorporated, including current inform a­
ing the availability of agency issuances tion as to where and how copies o f it
are not considered to be legal incorpora­ may be examined and be readily obtained
tion by reference under section 552(a) o f with maximum convenience to the user.
Title 5, United States Code.
(b) Official showing. Inclusion o f the
§ 51.4 Elements on which approval may statement required by paragraph (a) o f
this section constitutes an official show­
be based.
The Director of the Federal Register ing by the issuing agency that the mate­
will approve an incorporation by refer­ rial incorporated is, in fact, reasonably
ence only when the following considera- available to the class of persons affected.

23615
(c)
Future amendments or revisions.
In any case in which incorporated ma­
terial will be subject to change, the
statement required by paragraph (a) of
this section shall set forth that inform a­
tion. However, the incorporation of ma­
terial in a F ederal R egister document
by reference is limited to the material as
it exists on the effective date o f the doc­
ument. Future amendments or revisions
of material incorporated by reference
are not included. They may be added as
they become available, or at any later
time, by the issuance of an amendatory
document. Separate approval o f the Di­
rector o f the incorporation o f each
amendment whose original incorporation
was approved need not be obtained if
all other requirements o f this part are
met.
P u b l ic a t io n P rocedures

§ 51.10

Advance consultation.

(a) To avoid delay, each issuing
agency shall consult in advance with the
Director of the Federal Register regard­
ing the approval o f any specific incor­
poration by reference. The consultation
should take place at least 10 working
days before the proposed date of sub­
mission of the document.
(b) After completion o f the consulta­
tion, the Director will notify the agency
of his decision, at least 5 working days
before the proposed date o f submission
of the document.
(c) Publication in the F ederal R eg ­
ister of a document containing an incor­
poration by reference does not, of itself,
constitute approval by the Director of
the incorporation by reference.
§ 51.11 Letter transmitting final docu­
ment.
Each agency submitting a document
under this part shall send with it a let­
ter of transmittal covering the matter
o f incorporation by reference and refer­
ring
specifically
to
the
advance
consultation.
§ 51.12 Stamp o f approval.
(a) Whenever the Director of the Fed­
eral Register accepts a document under
this part a statement will be printed in
the F ederal R egister as part of the doc­
ument substantially as follows:
Incorporation b y reference provisions ap­
proved b y th e Director o f th e Federal R egis­
ter _____________ __________ _
(date)
[F R D oc.72-18990 Filed l l - 3 - 7 2 ;8 : 5 1 am ]

FEDERAL REGISTER, V O L 37, NO. 214— SATURDAY, NOVEMBER 4, 1972