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TITLE 1-GENERAL PROVISIONS

CHAPTER I-ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER

ABBREVIATIONS: The following abbreviations are used in this chapter:

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§ 2.1 Meaning of terms. As used in this part, unless the context otherwise requires:

(a) The term "act" means the Federal Register Act, approved July 26, 1935, as amended by the act of June 19, 1937, and the act of December 10, 1942 (49 Stat. 500, 50 Stat. 304, sec. 202, 53 Stat. 1435, 56 Stat. 1045; 44 U. S. C. and Sup., Chapter 8B).

(b) The term "Administrative Procedure Act" means the Administrative Procedure Act, approved June 11, 1946 (Pub. Law 404, 79th Cong.; 60 Stat. 237).

(c) (1) The term "agency" or "Federal agency" means the President of the United States or any executive department, independent board, establishment, bureau, agency, institution, corporation, commission, or separate office of the administrative branch of the Government of the United States, but not the legislative or judicial branches of the Government.

(2) In connection with material required to be published pursuant to the Administrative Procedure Act the term "agency" shall have the meaning ascribed by that act.

(d) The term "code" means the Code of Federal Regulations of the United States of America prepared and published by the Division pursuant to section 11 of the act, containing all documents of general applicability and legal effect in force on June 1, 1938, as amended.

(e) The term "Committee" or "Administrative Committee" means the Administrative Committee of the Federal

Register established under section 6 of the act.

(f) The term "Director" means the Director of the Division of the Federal Register, the National Archives.

(g) (1) The terms "date of issue" and "distribution day" mean Tuesday through Saturday of each week, excepting any day which immediately follows an official Federal holiday.

(2) The term "working day" means 8:45 a. m. to 5:15 p. m., Monday through Friday of each week, excepting official Federal holidays.

(3) The term "publication day" or "day of publication" means the day designated by the date line of the FEDERAL REGISTER in which a document is published.

(4) The term "filing day" or "day of filing" means the working day, immediately preceding the publication day, on which a document is filed by the Division and made available for public inspection.

(h) The term "Division" means the Division of the Federal Register, the National Archives.

(i) The term "document" means any Presidential proclamation or Executive order, and any order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument issued, prescribed, or promulgated by a Federal agency.

(j) The term "document subject to codification" means any regulatory document which has general applicability and legal effect and which is in force and effect and relied upon by the issuing agency as authority for, or invoked or used in the discharge of, any of its functions or activities. The term also includes any material required to be published in the FEDERAL REGISTER pursuant to section 3 (a) of the Administrative Procedure Act.

(k) The term "Federal Register" means the daily issue of the FEDERAL REGISTER.

(1) The term "person" means any individual, partnership, association, Gr corporation.

(m) The term "regulations" is used in the broad sense and means any material regulatory in character, however designated.

(n) The term "rule" shall have the meaning ascribed in section 2 (c) of the Administrative Procedure Act.

(0) The term "supplements" means the supplements to the code.

(1) An annual supplement includes documents subject to codification which amend, revise, revoke, or in any way supplement the material in the code and which are published in the FEDERAL REGISTER during the calendar year.

(2) The Cumulative Supplement of June 1, 1943, contains documents filed with the Division during the period from June 2, 1938, to June 1, 1943, inclusive, which supplement the regulations in the original edition of the code and which were still in force and effect on June 1, 1943. The Cumulative Supplement presents the entire code structure as it existed on June 1, 1943. However, those regulations appearing in the original edition of the code, which were still in force and effect on June 1, 1943, are carried by reference only in the Cumulative Supplement.

$2.2 Designation of liaison officers. (a) Every agency shall designate a responsible liaison officer to act as the representative of the agency in all matters concerning the Division and to see that the regulations in this part are understood and complied with by the agency he represents.

(b) Every agency shall notify the Director of the Division in writing of the name, title, address, and telephone extension of the officer designated. Whenever a change of liaison officers is made by an agency, prompt notification thereof shall be given in writing to the Director.

§2.3 Publication of Federal Register Regulations. The regulations in this part shall be published in the FEDERAL REGISTER.

DOCUMENTS REQUIRED OR AUTHORIZED To BE FILED IN THE OFFICE OF THE DIREC

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§2.5 Classes. There shall be filed in the office of the Director and published in the FEDERAL REGISTER:

(a) In accordance with section 5 (a) of the act:

(1) All Presidential proclamations and all Executive orders except such as have no general applicability and legal effect or are effective only against agencies or persons in their capacity as officers, agents, or employees thereof.

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(2) Every document prescribing penalty or a course of conduct, conferring a right, privilege, authority or immunity, or imposing an obligation, and relevant or applicable to the general public, the members of a class, or the persons of a locality, as distinguished from named individuals or organizations. Such documents, issued under proper authority, are hereby determined pursuant to section 5 (a) (2) of the act to have general applicability and legal effect. Currently effective authorities for the issuance of such documents shall from time to time be published in the FEDERAL REGISTER as an appendix to the regulations in this part.

(3) Such documents or classes of documents as may be required so to be published by act of Congress.

(b) In accordance with section 5 (b) of the act:

(1) Executive orders establishing, amending, or revoking Civil Service Rules.

(2) Executive orders and other documents which the President of the United States directs to be published in the FEDERAL REGISTER.

§ 2.6 Examination of documents submitted. All documents submitted to the Division shall be examined and the Director shall cause to be filed and published in the FEDERAL REGISTER those determined to come within the purview of § 2.5. Documents not coming within the purview of § 2.5 shall be returned to the submitting agency.

GENERAL PROVISIONS FOR THE PREPARATION OF DOCUMENTS

§ 2.11 Provisions applicable to all documents. All documents required or authorized to be filed in the office of the Director or forwarded to the Division shall be prepared as follows:

(a) Punctuation, capitalization, orthography, and other matters of style shall conform to the most recent edition of the Style Manual of the United States Government Printing Office.

(b) The spelling of geographic names shall conform to the most recent official decisions of the United States Board of Geographical Names made pursuant to E.O. 27-A of September 4, 1890, E.O. 399

of January 23, 1906, and E.O. 6680 of April 17, 1934.

(c) Descriptions of tracts of land shall conform, so far as practicable, with the most recent edition of the "Specifications for Descriptions of Tracts of Land for Use in Executive Orders and Proclamations," published under the supervision of the Director of the Bureau of the Budget.

(d) All documents shall be typewritten on paper approximately 8 by 121⁄2 inches, shall have a left-hand margin of approximately 2 inches and a right-hand margin of approximately 1 inch, and shall be double-spaced, except that quotations, tabulations, descriptions of land or excerpts from statutes may be singlespaced. No documents in the form of letters, except those issued by the President, shall be accepted.

(e) Where it is the established practice of an agency to cause the originals of its documents to be put in print before they are signed, such printed originals and duplicates thereof may be received if the style and form have been approved in writing by the Director: Provided, however, That when it is desired to submit mimeographs or other reproductions as original documents, written approval shall first be obtained from the Director. Such approved mimeographs or other reproductions shall be on white bond paper and completely legible. The Director reserves the right to refuse to accept unsatisfactory reproductions for filing and to return such documents to the issuing agency.

(f) Three certified copies shall be attached to the original or confirmed copy of all documents except Executive orders and other Presidential documents. All copies shall be clear and legible.

(g) There shall be affixed to the original and certified copies of all documents submitted for filing in the office of the Director, except Executive orders and other Presidential documents, the seal, if any, of the agency issuing the documents.

(h) Every original document shall be signed in ink. Initials and impressed signatures shall not be accepted. The name and title of the official signing the document shall be typed beneath his signature.

(i) A suitable title shall be provided for all documents as prescribed in § 2.42 or § 2.61 (d).

(j) Authority for the issuance of documents shall be cited as provided for in § 2.53 or § 2.61 (e).

(k) The inclusion of illustrations, maps, forms, excessive tabular material, and similar material as part of the documents results in delay in publication and should be avoided wherever possible. Where it is necessary to publish maps and illustrations they shall be reduced to a size not greater than 7 by 10 inches and be line cuts only. In such cases original drawings must be forwarded to the Division three working days in advance of submission of the text of the documents to which they pertain. Tabular material comprising more than two legal typewritten pages must be forwarded at least three working days in advance of the regular submission day as set forth in § 2.81.

§ 2.12 Certification. The copies of all documents required to be filed in the office of the Director except Executive orders and other Presidential documents, shall be certified substantially as follows: "Certified to be a true copy of the original," and each such certification shall be signed by the officer signing the original or by an officer or employee designated by him: Provided, That notice of such designation shall be submitted in writing to the Director.

§ 2.13 Documents issued outside the District of Columbia. In the case of documents issued, prescribed, or promulgated outside the District of Columbia which are required to be filed in the office of the Director there may be filed, in lieu of the original, a confirmed copy of such document. There shall be on such copy so filed the notation "Confirmed," which notation shall be signed by an officer or employee designated for that purpose by the head of the agency concerned: Provided, That notice of such designation shall be submitted in writing to the Director.

PREPARATION OF EXECUTIVE ORDERS AND PROCLAMATIONS

§ 2.15 Proposed Executive orders and proclamations. The preparation, presentation, filing and distribution of Executive orders and Presidential proclamations shall conform to the requirements of Executive Order 7298 dated February 18, 1936, which provides:

"(a) Proposed Executive orders and proclamations shall be prepared in ac

cordance with the following requirements:

"(1) A suitable title for the order or proclamation shall be provided.

"(2) The authority under which the order or proclamation is promulgated shall be cited in the body thereof.

"(3) Punctuation, capitalization, orthography, and other matters of style shall conform to the most recent edition of the Style Manual of the United States Government Printing Office.

"(4) The spelling of geographic names shall conform to the most recent official decisions made pursuant to Executive Orders No. 27-A, of September 4, 1890, No. 399, of January 23, 1906, and No. 6680, of April 17, 1934.

“(5) Descriptions of tracts of land shall conform, so far as practicable, with the most recent edition of the 'Specifications for Descriptions of Tracts of Land for Use in Executive Orders and Proclamations,' published by the Federal Board of Surveys and Maps.1

"(6) Proposed Executive orders and proclamations shall be typewritten on paper approximately 8 by 121⁄2 inches, shall have a left-hand margin of approximately 2 inches and a right-hand margin of approximately 1 inch, and shall be double-spaced, except that quotations, tabulations, or descriptions of land may be single-spaced.

"(b) The proposed Executive order or proclamation shall first be submitted to the Director of the Bureau of the Budget. If the Director of the Bureau of the Budget approves it, he shall transmit it to the Attorney General for his consideration as to both form and legality. If the Attorney General approves it, he shall transmit it to the Director of the Division of the Federal Register, The National Archives. If it conforms to the requirements of paragraph (a) hereof, the Director of the Division of the Federal Register shall transmit it and three copies thereof to the President. If it is disapproved by the Director of the Bureau of the Budget or the Attorney General, it shall not thereafter be presented to the President unless it is accompanied by the statement of the reasons for such disapproval.

"(c) If the order or proclamation is signed by the President, the original and

'Now published under the supervision of the Director of the Bureau of the Budget.

two copies thereof shall be forwarded to the Director of the Division of the Federal Register for appropriate action in conformity with the provisions of the Federal Register Act: Provided, however, That the seal of the United States shall be affixed to the originals of all proclamations prior to such forwarding. The Division of the Federal Register shall cause to be placed upon the copies of all Executive orders and proclamations the following notation, to be signed by the Director or by some person authorized by him: 'Certified to be a true copy of the original.' The Division of the Federal Register shall number and shall supervise the promulgation, publication, and distribution of all Executive orders and proclamations.

"(d) The Division of the Federal Register shall cause a limited number of copies of the Executive orders and proclamations not required or authorized to be filed and published under the provisions of the Federal Register Act to be made available in slip form to the appropriate agencies of the Government.

"(e) The Division of the Federal Register shall file in the National Archives the originals of all Executive orders and proclamations.

"(f) The signed originals and copies of all Executive orders and proclamations heretofore promulgated and now in the custody of the Department of State shall be transferred to the National Archives.

"(g) Nothing in this order shall be construed to apply to treaties, conventions, protocols, and other international agreements, or proclamations thereof by the President.

"(h) This order shall become effective on March 12, 1936, and shall thereupon supersede Executive Order No. 6247, of August 10, 1933."

PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION

GENERAL

CROSS REFERENCE: For definition of documents subject to codification, see § 2.1 (j).

§ 2.21 General provisions. (a) All documents subject to codification, except Executive orders and other Presidential documents, shall be prepared in accordance with the provisions of §§ 2.11-2.13 and §§ 2.22-2.58 prior to being submitted

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