« PreviousContinue »
A somewhat broader purpose is served by the "List of Sections Affected." This list contains the Federal Register citations of all sections which were affected in any way during any calendar year. It includes citations to text which was still effective at the end of the year as well as citations to superseded text, and, in addition, contains citations to notices of proposed rule making. As the Pocket Supplements are cumulated from year to year, the "Lists of Sections Affected" will be reprinted, but will not be consolidated into a single list. This arrangement is designed to aid the researcher who needs an over-all view of the changes occurring during any given year, and will serve as a permanent record of all changes occurring in the 1949 Edition.
Except for the difference in the treatment of superseded text, the codification practices followed in the Pocket Supplements do not differ greatly from those followed in the later Annual Supplements to the 1938 Edition. A table of changes in the names or assignments of titles and chapters appears at the beginning of each Pocket Supplement, enabling the user to see at a glance the changes which have occurred in the larger elements of the Code structure. Similar tables appear at the beginning of each chapter and part. These tables are designed for use in conjunction with the tables of contents in the original books of the 1949 Edition. By comparing the new table with the old, the user can instantly determine whether a given chapter, part, or section has been modified in any way.
Source notes are furnished for all but the more complex amendments. These notes follow the style used in the Code except that dates of publication in the Federal Register are included. The source and date of the more complex amendments are given in codification notes.
Authority citations are not supplied in the Pocket Supplements where it is clear that the pertinent authority cited in the original book is still applicable.
The Pocket Supplements do not contain separate indexes except where there has been a substantial expansion in the scope of the book. The Pocket Supplement to the General Index, however, consists of an index to all material which has been added since the initial publication of the 1949 Edition and which is still in effect.
The growth of the Pocket Supplements and the consequent revision and republication of individual books will vary considerably from title to title. The same pattern will be followed in all cases, however, except in Title 43. Appendix C to Chapter I of this title consists of the public land orders published during 1948 and constitutes a continuation of the public land order series which began in the 1943 Cumulative Supplement to the 1938 Edition of the Code. As in the case of Presidential documents this series is not codified. As the series grows in size it will cease to be part of the Pocket Supplements and will be continued in separate volumes similar to the separately bound annual supplements to Title 3-The President.1 The remainder of Title 43 will follow the normal pattern. Thus Title 43 will ultimately consist of three elements: the Code volume, the current Pocket Supplement, and a series of bound volumes containing in full text a chronological compiliation of the public land orders.
The first book of the 1949 Edition was placed on sale to the public on March 2, 1949. The last book was ready for public sale in April, 1950. As nearly as practicable, each book consists of a single title. Due to practical considerations it was necessary to group some of the smaller contiguous titles together and to split some of the large titles into several books. A list of the books showing titles and prices is printed at the beginning of these prefatory pages and preceding the prefatory pages of the volume containing the General Index.
1 Publication of public land orders in 43 CFR was discontinued in the 1954 Revision.
The compilation and editing of the text of the new edition was begun in October, 1948 and, except for the General Index, completed in March, 1950. In addition to the principal officers of the Division of the Federal Register listed on page iii supra, the following supervisors were in immediate charge of the operations indicated: compilation, editing, and proofing, Mr. George G. Farrington; indexes and ancillaries, Mrs. Dorothy R. Friermood.
Inquiries concerning technical or legal aspects of this edition should be directed to the Division of the Federal Register, National Archives and Records Service, General Services Administration, Washington 25, D. C. Sales of this edition and all supplements thereto are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington 25, D. C.
B. R. KENNEDY
March 13, 1950
REPRINT OF GENERAL PREFACE TO 1938 EDITION
AUTHORITY AND GENERAL ORGANIZATION
The Code of Federal Regulations was prepared and is published pursuant to section 11 of the Federal Register Act as amended (50 Stat. 304; 44 U. S. C., Sup. IV, 311), and contains regulations which have general applicability and legal effect and which were in force June 1, 1938. It is divided into 50 titles analogous to the titles of the United States Code. Tables of titles and chapter headings immediately follow the preface to each volume. It should be noted that the agencies listed in these tables are designated and assigned according to their status on June 1, 1938, and that such designation and assignment does not reflect any reorganization of agencies put into effect by the various Presidential reorganization plans effective subsequent to that date.
The following list shows the titles appearing in the various volumes:
The legislation which brought about the establishment of the Federal Register also laid the foundation for the Code of Federal Regulations. Prior to the Federal Register Act of July 26, 1935 (49 Stat. 500; 44 U. S. C., Sup. II, 301-314) and the publication of the Federal Register beginning with the issue of March 14, 1936, there were no facilities within the executive branch of the Federal Government for the
central filing and publication of all the various Presidential proclamations, Executive orders, administrative rules, regulations, and similar documents which have general applicability and the force of law. The lack of such facilities made it extremely difficult and sometimes impossible for interested parties, official and private alike, to inform themselves concerning the rules, regulations, and other documents which implement, interpret, or apply many Federal statutes.
The establishment of an office for the central publication of Federal administrative regulations had long been advocated. The United States was the only important Nation without an official gazette fulfilling this function. Great Britain, France, Germany, Australia, Ireland, Canada, New Zealand, South Africa, and most of the Latin American countries supported systematic publications which made available and accessible the records of the acts of their executive authorities. At the direction of President Franklin D. Roosevelt, who had advocated such a reform since 1914, an official committee, under the chairmanship of the then Assistant Secretary of Commerce, studied the subject in detail from 1933 to 1935. In 1934 the American Bar Association adopted a recommendation that
Rules, regulations, and other exercises of legislative power by executive or administrative officials should be made easily and readily available at some central office, and, with appropriate provision for emergency cases, should be subjected to certain requirements by way of registration and publication as prerequisite to their going into force and effect. The argument of an important constitutional' case in the Supreme Court of the United States in the fall of 1934, in which the Assistant Attorney General representing the Government disclosed to the Court his discovery that the parties had proceeded in the lower courts in ignorance of the technical, though inadvertent, revocation of the regulation upon which the case rested, served to high-light the need for systematic publication of administrative regulations and called forth renewed pleas for a remedy."
The Federal Register Act, "to provide for the custody of Federal proclamations, orders, regulations, notices, and other documents, and for the prompt and uniform printing and distribution thereof,” was the direct result of these suggestions.
Under the provisions of this Act, the Archivist of the United States, acting through a division established by him in The National Archives (Division of the Federal Register) was charged with the custody and, together with the Public Printer, with the prompt and uniform printing and distribution of the documents coming within the purview of the Act. These provisions included the appointment of the Director of the Division of the Federal Register by the President to act under the general direction of the Archivist of the United States in carrying out the provisions of the Act and the regulations prescribed thereunder. The Act further provided for the appointment of a permanent administrative committee of three members consisting of the Archivist, or Acting Archivist as Chairman, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer. The Director of the Division of the Federal Register was designated as Secretary of the Committee. This Committee was required to prescribe, with the approval of the President, regulations for carrying out the provisions of this Act. Section 11 of the Act required each executive agency to prepare and file with the Administrative Committee of the Federal Register a complete compilation of all documents which had been issued or promulgated prior to the date documents were required or authorized to be published in the FEDERAL REGISTER. These compilations were to consist only of the documents which were still in force and effect and relied upon by the submitting agency as authority for, or invoked or used by it in the discharge of, any of its functions or activities. The Administrative Committee was
1 Panama Refining Co. v. Ryan, 293 U. S. 388; see Selected Papers of Homer Cummings, Swisher ed., 1949, pp. 123-124.
See Griswold, "Government in Ignorance of Law-A Plea for Better Publication of Executive Legislation", 48 Harv. L. Rev. 198.
required to report with respect to the documents to the President, who was to determine which of such documents had general applicability and legal effect and to authorize the publication thereof in a special or supplemental edition of the FEDERAL REGISTER. The intent of section 11 was to constitute the Division of the Federal Register. The National Archives, the central agency for the filing and publication, not only of current administrative documents, but also of a basic publication containing all similar documents presently in force and effect which had been issued prior to the establishment of the FEDERAL REGISTER. A study of the problems involved and examination of the compilations submitted by the various agencies pursuant to section 11 revealed that mere compilations of documents were almost unusable because of their bulk and lack of uniformity. Further administrative and legislative study of the problems involved led to the Act approved June 19, 1937, which amended section 11 of the Federal Register Act to provide for a codification rather than a compilation of all existing regulations of the type contemplated by the Act. The amended section 11 provides as follows:
(a) On July 1, 1938, and on the same date of every fifth year thereafter, each agency of the Government shall have prepared and shall file with the Administrative Committee a complete codification of all documents which, in the opinion of the agency, have general applicability and legal effect and which have been issued or promulgated by such agency and are 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 on June 1, 1938. The Committee shall, within ninety days thereafter, report thereon to the President, who may authorize and direct the publication of such codification in special or supplemental editions of the Federal Register.
(b) There is hereby established a Codification Board, which shall consist of six members: The Director of the Division of the Federal Register, chairman ex officio; three attorneys of the Department of Justice, designated by the Attorney General; and two attorneys of the Division of the Federal 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.
Soon after the Attorney General and the Archivist of the United States designated the members of the Board provided for in paragraph (b) it became evident that additional personnel and machinery would be necessary if the project for a basic code was to be successfully carried out. Accordingly, the Attorney General designated the Assistant Attorney General in charge of the Lands Division as the representative of the Department of Justice to find the means and provide the organization and methods for the effective completion of the project. With him were to serve, as an informal committee, the Special Assistant to the Attorney General who was a member of the Administrative Committee of the Federal Register, to represent that Committee, and the Director of the Division of the Federal Register to represent The National Archives.
Pursuant to the provisions of paragraphs (a) and (d) of the new section 11 of the Federal Register Act, the President, on November 10, 1937, approved the regulations of the Administrative Committee and authorized the publication of the codification in a supplemental edition of the FEDERAL REGISTER. The regulations thus approved appear in codified form at 1 CFR Part 1. A distinguished professor of the Law School of the University of Michigan (Dr. Hessel E. Yntema) was selected as a technical director of the codification project and the basic data was collected and systematized in preparation for printing.
The Codification Board, established by paragraph (b) for the purpose of supervising and coordinating the form, style, arrangement, and indexing of the codifica