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Register, designated by the Archivist. The Board shall supervise and coordinate the form, style, arrangement, and indexing of the codifications of the various agencies.
(c) The codified documents of the several agencies published in the supplemental edition of the Federal Register pursuant to the provisions of subsection (a) hereof, as amended by documents subsequently filed with the Division, and published in the daily issues of the Federal Register, shall be prima facie evidence of the text of such documents and of the fact that they are in full force and effect on and after the date of publication thereof.
(d) The Administrative Committee shall prescribe, with the approval of the President, regulations for carrying out the provisions of this section. **
*§§ 1.0 to 1.25, inclusive, issued under the authority contained in sec. 11 (d), 50 Stat. 305; 44 U.S.C., Sup., 311.
†The source of 88 1.0 to 1.25, inclusive, is Codification regulations, Administrative Committee of the Federal Register, approved by the President, Oct. 11, 1938, 3 F.R. 2457 (DI).
ABBREVIATION: The following abbreviation is used in this chapter: E.O. Executive order.
1.01 Resolution. Whereas, the Administrative Committee agrees that the prompt, accurate, efficient, and adequate carrying out of the Act of Congress requires (a) an immediate and close liaison between the Codification Board and the several agencies, together with the prompt and energetic prosecution of the work by each agency; (b) the submission of completed units of the proposed codification of each agency from time to time, for criticism, suggestions, and fitting into the general code, subject, however to the final approval, amendment, and certification of each code by the agency concerned as provided in the Act and the regulations which follow herein; (c) the exertion of every effort to assure that each of the several Federal agencies will submit a creditable codification so that no agency will suffer by comparison of its codification with the codifications of other agencies or be subject to legal difficulties or practical embarrassments in its operations after the codification for the whole executive and administrative branch is published; and (d) the submission of a report on the whole completed code of executive and administrative rules and orders to the President in accurate, complete, and usable form, ready for printing, within the time limit prescribed in the Act of Congress;
Therefore, pursuant to the authority contained in section 11 (d) of the Federal Register Act, as amended by the Act of June 19, 1937 (50 Stat. 305; 44 U.S.C., Sup., 311 (d)), the Administrative Committee of the Federal Register hereby prescribes, with the approval of the President, the regulations in this part to govern the preparation (including form, style, arrangement, and indexing) and submission of the codes required to be submitted thereunder.*t
1.1 Definitions. As used in this part, unless the context otherwise requires:
(a) Act. The term "Act" means the Federal Register Act, approved July 26, 1935 (49 Stat. 500; 44 U.S.C., Sup. II, 301-314) as amended by the Act of June 19, 1937 (50 Stat. 304; 44 U.S.C., Sup., 311).
(b) Document. The term "document" means any Presidential proclamation or Executive order, and any order, regulation, rule, Page 2
**For statutory and source citations, see note to § 1.0.
certificate, code of fair competition, license, notice, or similar instrument issued, prescribed, or promulgated by a Federal agency (sec. 4 of the Act) and of general applicability and legal effect which is in force and effect and relied upon by such agency as authority for, or invoked or used by it in the discharge of, any of its functions or activities. (Sec. 11 (a) of the Act)1
(c) Agency or Federal agency. The terms "Federal agency" and "agency" mean the President of the United States, or any executive department, independent board, establishment, bureau, agency, institution, 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. (Sec. 4 of the Act)
(d) Committee or Administrative Committee. The terms "Committee" and "Administrative Committee" mean the Administrative Committee of the Federal Register established under section 6 of the Act.
(e) Board and Chairman. The term "Board" means the "Codification Board" established under section 11 of the Act, and the term "Chairman" means the Chairman of the Codification Board.
1.2 Nature of codification. "Codification" as ordinarily used in the United States and as intended in the Act and the regulations in this part means the collection of all documents and their systematic organization and arrangement, with all obsolete and repealed matter eliminated and all new matter and amendments incorporated in their appropriate sections or paragraphs, so that the whole may be republished as one complete document.**
1.3 Revisions. The complete revision or restatement of documents, either in their language or substance, is not necessarily contemplated, although agencies are free to do so provided such work may be completed and the revision made effective in a reasonable time. On the other hand, portions of documents consisting of extensive quotation of statutory provisions, with or without quotation marks, are to be deleted whenever such deletion does not affect the meaning of the remaining portions of the document.*t
1.4 Completeness. Main emphasis should be laid upon completeness and accuracy of the codification rather than the form of the source documents, since the Act requires "complete" codifications of
See also § 1. 5.
2 "The word 'codification' is not intended to lay down rigid requirements. It means an orderly presentation of 'documents' brought up to date in the form best adapted to usefulness as tested by the experience of the agency. Thus, if there have been a series of amendments to a regulation, the minimum requirement would be a rewriting of such regulation, eliminating from its text obsolete provisions, and inserting therein new matter. If a regulation is already in such form, the agency may in its discretion deem further codification unnecessary, even though the inclusion of various regulations in that form may involve some repetition of provisions common to two or more of them.
"If a regulation has never been set forth by the agency in an orderly and easily available form, the amendment would require that this be done. In many cases an adequate codification would also require the systemizing of regulatory material according to subject matter." House Report 478, 75 Cong. 1 Sess.
**For statutory and source citations, see note to § 1.0.
"all" documents (sec. 11 (a) of the Act). The omission of material which should be included will embarrass the agency in its future work, impair the effectiveness of the codification, and lessen its practical value both to the agency and to the public.*+
1.5 Documents to be included; present general applicability and legal effect. Each agency should keep constantly in mind the fact that the codifications are to include only documents which are currently "in force and effect and relied upon by the agency as authority for, or invoked or used by it in the discharge of, any of its functions or activities," and also, "of general applicability and legal effect." The phrase "present general applicability and legal effect," relates to all documents prescribing a penalty (sec. 5 (a) (3) of the Act), conferring rights, privileges, authority, or immunities, or imposing obligations, and, currently 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. In short, such documents must be of "public" as distinguished from "private" import, as illustrated generally by the classification of laws in the Statutes-at-Large into "Public Laws" and "Private Laws," and by the regulations approved by the President respecting the type of matter to be published in the Federal Register. (See Part 2.)
More particularly, the following types of documents require special treatment:
(a) Internal administration. Those documents or parts of documents "effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof" should not be included (Cf. section 5 (a) (1) of the Act); but documents or portions thereof prescribing intra-departmental procedure which the public should know or follow in dealing with an agency should be included. (b) Administrative decisions. Codifications should not include the decisions of executive or administrative agencies, made upon hearing or otherwise and applicable only to named parties, unless such decisions are also promulgated as formal and general rules, or unless they establish rules or principles which affect the public or a class thereof.
(c) Repealed or superseded matter. No obsolete, repealed, or superseded matter should be included even though it might become relevant in cases arising under past states of fact. The term "in force or effect and relied upon by the agency as authority for, or invoked by it in the discharge of, any of its functions or activities" refers to present activities under the latest statutes or regulations on the same subject matter. Thus, regulations under old tax statutes should be excluded, except as they are applicable to current taxation.
"As the President has for purposes of the daily issues determined the classes of documents having general applicability and legal effect, the several agencies would in general be guided by that determination in selecting the kinds of material for inclusion in the codification." House Report 478, 75 Cong. 1 Sess. See also §2.2 (d) of the Federal Register regulations.
* "Regulations, under Acts of Congress which have been repealed or superseded, for instance, would presumably be found no longer to have 'general applicability,' even though a few cases arising under them still remain open." House Report 478, 75 Cong. 1 Sess.
*For statutory and source citations, see note to § 1.0.
(d) Documents referring to public lands. Agencies having masses of documents referring to public lands, should consult with representatives of the Board before attempting a codification of such documents, in order to determine how they shall be dealt with in the preparation of the codification.*t
CROSS REFERENCE: For regulations regarding documents relating to public lands, see §§ 1.17-1.21.
1.6 Citation of authority and source; explanatory material; decisions. At the end of each section there shall be noted the statutory authority for its issuance and the documentary source of its text. (a) Citation of authority. The authority (statute, order, proclamation, or otherwise) for the issuance of each document which is embodied in a section of the code shall be cited in parentheses at the end of each section or paragraph. This citation shall include the specific authorization, if any, for the issuance of regulations and, whenever possible, the statutory provisions interpreted or applied by the section. Citations, as nearly as possible, shall be in the following form:
(1) Statutes. Where statutes are cited, the United States Code citations shall be given as well as the Statutes-at-Large citations, e. g., (Sec. 6, 49 Stat. 501; 44 U.S.C. 306). Only the section number and page or pages of the Statutes-at-Large on which the authority for the regulation appears should be given and not the first page of the statute or the chapter; and in citing the United States Code, the 1934 edition should be used and only the title number and the section number (and subsection number or letter, if any) should be given, separated by "U.S.C."
(2) United States Code Supplements. A more specific citation to the Supplements or to the Code and the Supplements may be made in the form indicated by the following illustrations: (i) Where reference is to be made to a specific Supplement: 7 U.S.C., Sup. II, 502. (ii) Where reference is to be made to the United States Code, 1934 ed., and to a specific Supplement: 7 U.S.C. 502 and Sup. II.
In any case where an agency wishes to make citations both to the specific authority under which the section is issued and to the statutory provisions interpreted or applied by the section, the following form of citation may be used: (Secs. 1, 10, 50 Stat. 307, 314; 45 U.S.C., Sup., 228a, 228j). Here Sec. 10, 50 Stat. 314; 45 U.S.C., Sup., 228j is the specific authority for the issuance of the regulations contained in the section, and Sec. 1, 50 Stat. 307; 45 U.S.C., Sup., 228a is the statutory provision interpreted or applied. In the same situation, should the agency desire to use the short method of citation for the authority for issuance prescribed by paragraph (b) of this section it may do so by using an appropriate footnote explaining that the asterisk (*) refers to the authority for issuance. The citation would then be as follows:* (Sec. 1, 50 Stat. 307; 45 U.S.C., Sup., 228a). The asterisk here refers to Sec. 10, 50 Stat. 314; 45 U.S.C., Sup., 228j.
(b) Short method of citation of authority. This method of citation is applicable when all, or a majority of, a large number of sections in sequence have the same citation. (1) Place an asterisk
at the end of each section to which the citation is pertinent. (2)
**For statutory and source citations, see note to § 1.0.
Include an appropriate footnote, preceded by an asterisk, on the sheet carrying the title of the page, part, or other subdivision in which the sections, or majority of the sections, in sequence having the same citations appear. This footnote shall include a statement of: (i) the statutory authority; and (ii) the first and last numbers of the sections in sequence. Such footnotes for example, where all the sections in sequence have the same citation, may be in the following form:
*88 to, inclusive, issued under the authority contained in sec. 23, 42 Stat. 708; 40 U.S.C. 218.
Or in a case where some sections in the sequence have a different citation such sections shall be designated and the footnote may be in the following form:
*§§ to, inclusive, (with the exceptions noted in the text,) issued under the authority contained in sec. 23, 42 Stat. 708; 40 U.S.C. 218.
(c) Short method of citation of statutes interpreted. Where the arrangement of materials or the keying of section numbers automatically indicates the statutory provisions interpreted, a short method of citing the statute interpreted may be employed.
The following methods may be used in cases where the agency determines that short citations are desirable: (1) In cases where the text of a statute is included in the codification and the regulatory provisions are distributed so as to indicate their relations to each statutory provision, no further citation of the statute interpreted will be necessary. Such procedure, however, should be explained in a footnote placed on the sheet carrying the headnote of the subdivision in which this procedure is followed. The footnote should designate the numbers of the sections to which it applies and may be in the following form:
- to —, inclusive, follow the statutory provisions to which they respectively
(2) In cases where the numbers of the code sections are keyed to the numbers of the sections in the statutes interpreted, a footnote to this effect should be placed on the sheet carrying the headnote of the subdivision in which this procedure is followed. This footnote may be in the following form:
- to, inclusive, the numbers to the right of the decimal point are keyed to numbers of secs. to, 49 Stat. 1652; 26 U.S.C.- to -. Wherever it is appropriate and convenient, the above footnotes may be combined with the footnotes suggested for short citation of authority or source.
(d) Citation of source. At the end of each section or paragraph, (1) the official designation or type of the original document (Executive order, Administrative order, Memorandum, Bulletin, etc.), of which the text of the section or paragraph originally formed a part and from which it is taken, together with (2) the date of its adoption and (3) the title of the officer, board or commission issuing the same, unless the issuing agency is the same as the agency named in the title of the codification, and (4) similar information with respect to all amendments thereto, shall be cited in brackets immediately