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Can a document be issued jointly?

Yes. Legislation, agency reorganization, jointly administered regulations or programs may require more than one agency or subagency to issue a document jointly. Also, agencies may want to coordinate the adoption of identical regulations. A jointly issued or coordinated document must be signed by an appropriate official from each agency, and each agency must be identified in the heading and preamble of the document.

In example 3 (50 FR 19933, May 13, 1985), the Veterans Administration and the Department of Defense concurred on a regulation in Title 38 of the CFR.

EXAMPLE 3: JOINTLY ISSUED DOCUMENT.

VETERANS ADMINISTRATION

DEPARTMENT OF DEFENSE

38 CFR Part 21

Veterans Education; Effect of the Veterans' Benefits Improvement Act of 1984 Upon VEAP
AGENCY: Veterans Administration and Department of Defense.

ACTION: Final regulation.

SUMMARY: This regulatory change implements a provision of the Veterans' Benefits Improvement Act of 1984 which affects people eligible to receive benefits under VEAP (Post-Vietnam Era Veterans' Educational Assistance Program). This regulatory change will acquaint the public with the way in which this Act affects VEAP.

SUPPLEMENTARY INFORMATION: The Veterans' Benefits Improvement Act of 1984 contains a provision which sets new monthly benefit rates for some VEAP recipients who are pursuing a high school diploma or equivalency certificate. The law allows the VA and the Department of Defense no discretion in this matter. The new rates are prescribed by law effective October 1, 1984. These technical amendments simply update the rates shown in VA regulations. Public participation in this regulatory change, therefore, is unnecessary. The VA and the Department of Defense find that good cause exists for making this regulatory change final without publishing a notice of proposed rulemaking.

List of Subjects in 38 CFR Part 21

Civil rights, Claims, Education, Grant programs-education, Loan programs-education, Reporting and recordkeeping requirements, Schools, Veterans, Vocational education, Vocational rehabilitation.

Approved: March 27, 1985.

By direction of the Administrator:

Everett Alvarez, Jr.,

Deputy Administrator, Veterans Administration.

E.A. Chavarrie,

Deputy Assistant Secretary of Defense.

In example 4 (49 FR 1016, January 6, 1984), the Departments of the Interior, Agriculture, and Defense and the Tennessee Valley Authority promulgated identical regulations on protection of archaeological resources and codified these regulations in their respective titles of the Code of Federal Regulations. Because the regulations were identical, the text of the regulations was set out only once at the end of the document. The part heading, table of contents, and authority citation for the regulations in each CFR title preceded the text of the regulations.

EXAMPLE 4: ADOPTION OF IDENTICAL REGULATIONS.

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 7

DEPARTMENT OF AGRICULTURE

36 CFR Part 296

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1312

DEPARTMENT OF DEFENSE

32 CFR Part 229

Archaeological Resources Protection Act of 1979; Final Uniform Regulations

AGENCIES: Departments of the Interior, Agriculture, and Defense and Tennessee Valley Authority.

ACTION: Final rule.

SUMMARY: These final regulations establish uniform procedures for implementing provisions of the Archaeological Resources Protection Act of 1979 in response to direction in section 10(a) of the Act.

Chapter III-Rule and Proposed Rule

Document Requirements

Headings

Each Federal Register rule or proposed rule document must begin with a series of headings that identify the issuing agency and subject matter of the document. The headings of a rule or proposed rule document also identify the CFR title and part the document amends or proposes to amend. Headings for a rule or proposed rule document must be presented in this format.

AGENCY

Subagency (If necessary)

CFR Title and Parts

Agency number (Optional)

Subject heading

Documents issued by a Cabinet-level agency may require a "Subagency" heading.

For a Cabinet-level agency the department is the "Agency" heading and the subordinate unit is the "Subagency" heading.

If the agency issuing the document is not a Cabinet-level agency, the "Subagency" heading is unnecessary.

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The "Agency" and "Subagency" headings for a document should reflect the "Agency" and "Subagency" names as shown in the CFR chapter the document amends or proposes to amend.

Preamble

requirements

AGENCY caption

The "CFR Title and Part" heading must contain the number of the CFR title and the number of each part the document amends or proposes to amend. Even if the document affects only one paragraph within a part, include that part number.

The "Agency number" heading identifies the document within the internal filing system of the agency. This heading is optional and may be used when applicable.

The "Subject" heading should be a brief statement describing the content of the document. The CFR part heading may be sufficient for this purpose. However, more specific information should be used when the document amends several parts or when the part heading is too general.

The headings of a document that relate to a previously published document should duplicate the headings of the earlier document.

Each document submitted for publication in the Federal Register must have the required headings.

Each agency document published in the rule or proposed rule sections of the Federal Register must contain a preamble in the format prescribed in 1 CFR 18.12. The preamble follows the subject headings of the document. It contains the explanatory material necessary for the reader to understand the basis and purpose of the regulatory text. The preamble itself contains no regulatory material. It arranges basic information on the "who, what, where, when, and why" of a document in a uniform format. This allows the reader to skim documents for basic information.

The preamble format uses the following captions:

AGENCY:

ACTION:

SUMMARY:

DATES:

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

They must appear in the order shown. An explanation and examples of what must appear with each caption follow.

The AGENCY caption is the "who" of a rulemaking document because it identifies the agency issuing the regulation.

This caption usually repeats the name of the agency as carried in the document's headings. When a subagency and agency name appear together, the subagency name is carried first and the agency name is represent

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