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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502–1504, 1506, 1507 of this title.

44 U.S.C. 1506. ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER;

ESTABLISHMENT AND COMPOSITION; POWERS AND DUTIES The Administrative Committee of the Federal Register shall consist of the Archivist of the United States or Acting Archivist, who shall be 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 Federal Register shall act as secretary of the committee. The authority of the Administrator of General Services, under section 754 of title 40, to regroup, transfer, and distribute functions within the General Services Administration, does not extend to the Committee or its functions. The committee shalí prescribe, with the approval of the President, regulations for carrying out this chapter. The regulations shall provide, among other things

(1) the manner of certification of copies required to be certified under section 1503 of this title, which certification may be permitted to be based upon confirmed communications from outside the District of Columbia;

(2) the documents which shall be authorized under section 1505 (b) of this title to be published in the Federal Register;

(3) the manner and form in which the Federal Register shall be printed, reprinted, compiled, indexed, bound, and distributed;

(4) the number of copies of the Federal Register, which shall be printed, reprinted, and compiled, the number which shall be distributed without charge to Members of Congress, officers and employees of the United States, or Federal agency, for official use, and the number which shall be available for distribution to the public; and

(5) the prices to be charged for individual copies of, and subscriptions to, the Federal Register and reprints and bound vol

umes of it. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1275.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., 88 306, 391 (part) (July 26, 1935, ch. 417, 86, 49 Stat. 501 ; June 30, 1949, ch. 288, title I, § 104, 63 Stat. 381).

This section incorporates only the last sentence from former section 391(b). The remainder of that section will be found in sections 2102, 2301, 2501, and 2902 of the revision.

DELEGATION OF FUNCTIONS For delegations of functions vested in the President by section 6 of the Federal Register Act (now this section), to the Attorney General and Administrator of General Services, see section 6(b) of Ex. Ord. No. 10530, May 11, 1954, 19 F.R. 2709, set out as a note under section 301 of Title 3, The President.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1504 of this title.

44 U.S.C. 1507. FILING DOCUMENT AS CONSTRUCTIVE NOTICE; PUBLI

CATION IN FEDERAL REGISTER AS PRESUMPTION OF VALIDITY; JUDICIAL NOTICE; CITATION

A document required by section 1505 (a) of this title to be published in the Federal Register is not valid as against a person who has not had actual knowledge of it until the duplicate originals or certified copies of the document have been filed with the Office of the Federal Register and a copy made available for public inspection as provided by section 1503 of this title. Unless otherwise specifically provided by statute, filing of a document, required or authorized to be published by section 1505 of this title, except in cases where notice by publication is insufficient in law, is sufficient to give notice of the contents of the document to a person subject to or affected by it. The publication in the Federal Register of a document creates a rebuttable presumption

(1) that it was duly issued, prescribed, or promulgated;

(2) that it was filed with the Office of the Federal Register and made available for public inspection at the day and hour stated in the printed notation;

(3) that a copy contained in the Federal Register is a true copy of the original; and

(4) that all requirements of this chapter and the regulations prescribed under it relative to the document have been complied

with. The contents of the Federal Register shall be judicially noticed and without prejudice to any other mode of citation, may be cited by volume and page number. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1276.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., 8 307 (July 26, 1935, ch. 417, § 7, 49 Stat. 502).

44 U.S.C. 1508. PUBLICATION IN FEDERAL REGISTER AS NOTICE OF

HEARING

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A notice of hearing or of opportunity to be heard, required or authorized to be given by an Act of Congress, or which may otherwise properly be given, shall be deemed to have been given to all persons residing within the States of the Union and the District of Columbia, except in cases where notice by publication is insufficient in law, when the notice is published in the Federal Register at such a time that the period between the publication and the date fixed in the notice for the hearing or for the termination of the opportunity to be heard is

(1) not less than the time specifically prescribed for the publication of the notice by the appropriate Act of Congress; or

(2) not less than fifteen days when time for publication is not specifically prescribed by the Act, without prejudice, however, to the effectiveness of a notice of less than fifteen days where the

shorter period is reasonable. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1276.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., 8 308 (July 26, 1935, ch. 417, § 8, 49 Stat. 502; June 25, 1959, Pub. L. 86–70, 8 34, 73 Stat. 149; July 12, 1960, Pub. L. 86–624, $ 33, 74 Stat. 421).

44 U.S.C. 1509. COST OF PUBLICATION; APPROPRIATIONS AUTHORIZED;

PENALTY MAIL PRIVILEGE

Payments made for the Federal Register shall be covered into the Treasury as miscellaneous receipts. The cost of printing, reprinting, wrapping, binding, and distributing the Federal Register and other expenses incurred by the Government Printing Office in carrying out the duties placed upon it by this chapter shall be borne by the appropriations to the Government Printing Office and the appropriations are made available, and are authorized to be increased by additional sums necessary for the purposes, the increases to be based upon estimates submitted by the Public Printer.

Copies of the Federal Register mailed by the Government are entitled to the free use of the United States mails in the same manner as the official mail of the executive departments of the Government. The cost of mailing the Federal Register to officers and employees of Federal agencies in foreign countries shall be borne by the respective agencies. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1277.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., 8 309, (July 26, 1935, ch. 417, § 9, 49 Stat. 502).

8 A reference to section 10 of Act June 19, 1934 is deleted because of the repeal of that section by Act June 30, 1949.

44 U.S.C. 1510. CODE OF FEDERAL REGULATIONS

(a) The Administrative Committee of the Federal Register, with the approval of the President, may require, from time to time as it considers necessary, the preparation and publication in special or supplemental editions of the Federal Register of complete codifications of the documents of each agency of the Government having general applicability and legal effect, issued or promulgated by the agency by publication in the Federal Register or by filing with the Administrative Committee, and are relied upon by the agency as authority for, or are invoked or used by it in the discharge of, its activities or functions, and are in effect as to facts arising on or after dates specified by the Administrative Committee.

(b) A codification published under subsection (a) of this section shall be printed and bound in permanent form and shall be designated as the “Code of Federal Regulations." The Administrative Committee shall regulate the binding of the printed codifications into separate books with a view to practical usefulness and economical manufacture. Each book shall contain an explanation of its coverage and other aids to users that the Administrative Committee may require. A general index to the entire Code of Federal Regulations shall be separately printed and bound.

(c) The Administrative Committee shall regulate the supplementation and the collation and republication of the printed codifications

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with a view to keeping the Code of Federal Regulations as current as practicable. Each book shall be either supplemented or collated and republished at least once each calendar year.

(d) The Office of the Federal Register shall prepare and publish the codifications, supplements, collations, and indexes authorized by this section.

(e) The codified documents of the several agencies published in the supplemental edition of the Federal Register under this section, as amended by documents subsequently filed with the Office and published in the daily issues of the Federal Register shall be prima facie evidence of the text of the documents and of the fact that they are in effect on and after the date of publication.

(f) The Administrative Committee shall prescribe, with the approval of the President, regulations for carrying out this section.

(g) This section does not require codification of the text of Presidential documents published and periodically compiled in supplements to Title 3 of the Code of Federal Regulations. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1277.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed,, 311 (July 26, 1935, ch. 417, § 11, 49 Stat. 503; June 19, 1937, ch. 369, 50 Stat. 304; 1939 Reorg. Plan No. II, $ 202, eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1435; Dec. 10, 1942, ch. 717, 82, 56 Stat. 1045; June 30, 1949, ch. 288, title I, 8 104 (b), 63 Stat. 381; Aug. 5, 1953, ch. 333, 67 Stat. 388; Dec. 2, 1963, Pub. L. 88–190, 8 1,77 Stat. 343).

RETROACTIVE AND PROSPECTIVE APPLICATION

Section 2 of Pub. L. 88–190, Dec. 2, 1963, 77 Stat. 344, provided that: “[Former] Section 11 of the Federal Register Act [(now) this section], as amended by the first section of this Act (amending former subsecs. (b)-(d), (g) of former section 11 (now subsecs. (b)-(d), (g) of this section)], shall apply to the Code of Federal Regulations previously authorized and published as well as to future publications made pursuant to that section as so amended.”

DELEGATION OF FUNCTIONS

For delegation of functions vested in the President by section 11(a) and (f) of the Federal Register Act (now subsecs. (a) and (f) of this section), to the Attorney General and Administrator of General Services, see section 6(b) of Ex. Ord. No. 10530, May 11, 1954, 19 F.R. 2709, set out as a note under section 301 of Title 3, The President.

CODIFICATION OF EXECUTIVE AND ADMINISTRATIVE DOCUMENTS

Under authority of section 11(d) of the Federal Register Act (now subsec. (d) of this section] the Administrative Committee of the Federal Register issued regulations for the codification of executive and administrative documents, approved by the President Nov. 10, 1937, and set out in F.R. 2849 D.I., 2450 B. V.

Ex. ORD. No. 9930. PUBLICATION OF 1949 EDITION OF THE CODE OF FEDERAL

REGULATIONS

Ex. Ord. No. 9930, Feb. 4, 1948, 13 F.R. 519, provided :

WHEREAS the act of December 10, 1942, 56 Stat. 1045, suspended the provision of section 11(a) of the Federal Register Act as amended by the act of June 19, 1937 (50 Stat. 304; 44 U.S.C.A. (former] 311(a) [now subsec. (a) of this section]), requiring the quinquennial preparation and the filing with the Administrative Committee of the Federal Register of the codification of certain classes of documents "until such time after the termination of the present war as the Administrative Committee of the Federal Register shall determine"; and

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WHEREAS section 3 of Public Law 239, 80th Congress, 1st session, approved July 25, 1947 (Act July 25, 1947, ch. 327, § 3, 61 Stat. 451), provides that in the interpretation of the said act of December 10, 1942, the war shall be deemed to be terminated; and

WHEREAS on November 12, 1947, the suspension of the above-mentioned provision of [former] section 11(a) of the Federal Register Act as amended [now subsec. (a) of this section) was formally terminated by the Administrative Committee of the Federal Register, effective December 31, 1948; and

WHEREAS the required codification of documents in force and effect on December 31, 1948, will, under present procedures, be on' file with the Administrative Committee of the Federal Register on that date; and

WHEREAS (former) section 11(a) of the Federal Register Act as amended (now subsec. (a) of this section) provides that the President may, after report thereon to him by the Administrative Committee, authorize and direct the public cation of the codification required by that section in special or supplemental editions of the Federal Register; and

WHEREAS the Administrative Committee of the Federal Register has made an appropriate report to me with the recommendation that I authorize and direct the publication of the said codification of documents in force and effect on December 31, 1948; and

WHEREAS it is in the public interest and in the interest of efficient government that such codification be published:

NOW, THEREFORE, by virtue of the authority vested in me by [former] section 11(a) of the Federal Register Act (now subsec. (a) of this section), and as President of the United States, and subject to the appropriation by the Congress of funds therefor, the publication of the said codification as it is in force and effect on December 31, 1948, is hereby authorized and directed to be made in a special edition of the Federal Register dated January 1, 1949, and designated “Code of Federal Regulations, 1949 Edition.”

All Federal agencies coming within the purview of the Federal Register Act [this chapter] are requested to cooperate with the Division of the Federal Register, the National Archives, in carrying out the purposes of this order. This order shall be published in the Federal Register.

HARRY S. TRUMAN.

44 U.S.C. 1511. INTERNATIONAL AGREEMENTS EXCLUDED FROM

PROVISION OF CHAPTER This chapter does not apply to treaties, conventions, protocols, and other international agreements, or proclamations thereof by the President. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1278.)

HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., 8 312 (July 26, 1935, ch. 417, § 12, 49 Stat. 503).

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