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Section symbol.

Citation of authority; general.
Citation of statutory authority; form;
parallel United States Code citation.
Citation of statutes interpreted or ap-
plied.

2.20 Citation of authority where blanket citation is not used.

2.21 Blanket citation of authority.

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FILING AND DISPOSITION OF DOCUMENTS; TIME OF PUBLICATION

2.31

2.32

2.33

2.34

Forwarding and filing of documents. Receipt and disposition of documents. Time of publication of documents filed.

GENERAL DISTRIBUTION; INDEXING; CODE
SUPPLEMENTS

Publication and distribution.

Indexing of FEDERAL REGISTER.

Annual reprints of FEDERAL REGISTER. Distribution of FEDERAL REGISTER for official use; extra copies.

2.35 Subscriptions to and individual copies of FEDERAL REGISTER.

APPOINTMENT OF LIAISON OFFICERS

2.36 Liaison officers.

2.37

PRIOR REGULATIONS SUPERSEDED Effective date of regulations; publication.

AUTHORITY: $$ 2.1 to 2.37, inclusive, issued under sec. 6, 49 Stat. 501; 44 U.S.C. 306.

SOURCE: §§ 2.1 to 2.37, inclusive, contained in Regulations, Administrative Committee of the Federal Register, approved by the President, Aug. 25, 1941; 6 F.R. 4397.

DEFINITIONS

§ 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 (49 Stat. 500, 50 Stat. 304; 44 U.S.C. Chapter 8B).

(b) The terms "agency" or "Federal agency" mean 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.

(c) The terms "Committee" or "Administrative Committee" mean the Administrative Committee of the Federal Register established under section 6 of the Act.

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

(e) The terms "date of issue" and "distribution day" mean Tuesday, Wednesday, Thursday, Friday, and Saturday, excepting where such days follow a legal holiday.

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

(g) 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.

(h) The term "document subject to codification" means any regulatory document, promulgated by an agency, which has general applicability and legal effect and which is in force and effect and relied upon by the agency as authority for, or invoked or used in the discharge of, any of its functions or activities.

(i) The term "FEDERAL REGISTER" means the daily issue of the FEDERAL REGISTER.

(j) The term "person" means any individual, partnership, association, or corporation.

(k) 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 Federal Register Act, as amended, containing all documents in force on June 1, 1938, having general applicability and legal effect, issued by all executive agencies of the government.

(1) The term "Supplement" means the annual supplement to the Code of Federal Regulations containing regulatory documents of general applicability and legal effect of all executive agencies of the government which amend, revise, revoke, or supplement the material in the Code of Federal Regulations and which were filled with the Division during the calendar year covered by the supplement.

DOCUMENTS REQUIRED TO BE FILED IN THE OFFICE OF THE DIRECTOR

$ 2.2

Documents required to be filed in the office of the Director and published in the Federal Register. 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.

(2) Such documents or classes of documents as are provided for in §§ 2.3 and 2.4.

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

(4) All documents which prescribe a penalty.

(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 directs to be published in the FEDERAL REGISTER.

(3) Such documents as constitute brief summaries of contracts awarded by the War and Navy Departments.

§ 2.3 Documents determined pursuant to section 5 (a) (2) of the Act to have general applicability and legal effect. There shall be filed in the office of the Director and published in the FEDERAL REGISTER the documents or classes of documents itemized in Appendix A attached hereto and made a part hereof, which are hereby determined pursuant to section 5 (a) (2) of the Act to have general applicability and legal effect.

§ 2.4 Documents not designated in § 2.3; forwarding, filing, and publication. (a) There shall be forwarded to the Division by the issuing agency:

(1) All documents or classes of documents, not designated in § 2.3, having general applicability and legal effect and issued pursuant to any statutory or other proper authority.

(2) Documents having general applicability and legal effect issued by an agency pursuant to authority delegated subsequent to the approval of regulations

in this part. Agencies should forthwith, in writing, advise the Division of any such subsequently delegated authority.

(3) Documents having general applicability and legal effect issued by agencies not designated in § 2.3. Any such agency, whether in existence at the date of the approval of the regulations in this part or created subsequent to the approval of the regulations in this part, shall be subject to and shall comply with the provisions of the regulations in this part.

(b) The Director shall examine the documents forwarded to the Division pursuant to paragraph (a) of this section and if he agrees with the agency's determination that the documents are of general applicability and legal effect he shall cause them to be filed and published in the FEDERAL REGISTER. If the Director determines that the documents are not of general applicability and legal effect he shall cause them to be filed but excluded from publication in the FEDERAL REGISTER.

PREPARATION OF DOCUMENTS

GENERAL

§ 2.5 Provisions applicable to all documents. All documents required 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 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.

(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 by the Federal Board of Surveys and Maps.

(d) All documents shall be typewritten on paper 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. 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 by the Director: Provided, however, That mimeographs shall not be accepted as original documents.

(e) Three certified copies shall be attached to the original or confirmed copy of all documents. This shall not apply to Presidential proclamations and Executive orders. All copies shall be clear and legible.

(f) There shall be affixed to the original and certified copies of all documents required to be filed in the office of the Director or forwarded to the Division, excepting Executive orders and other Presidential documents, the seal, if any, of the agency issuing the documents.

(g) Every original document shall be signed in ink. Initials and impressed signatures shall not be accepted.

(h) A suitable title shall be provided for all documents as prescribed in § 2.10 or § 2.22 (d).

(i) Authority for the issuance of documents shall be cited as provided for in § 2.17 or § 2.22.

(j) In drafting documents agencies should separate, wherever possible, findings of fact from regulations.

(k) The inclusion of illustrations, maps, forms, and similar material as part of the documents 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 with the documents of which they are a part.

EXECUTIVE ORDERS AND PROCLAMATIONS

§ 2.6 Executive orders and Presidential proclamations; preparation and filing. The preparation, presentation, filing and distribution of Executive orders and Presidential proclamations shall conform to the requirements of Executive

Order No. 7298 dated February 18, 1936, which provides:

(a) Proposed Executive orders and proclamations shall be prepared in accordance 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 lands 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.

(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 ac

companied by the statement of the reasons for such disapproval.

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

DOCUMENTS SUBJECT TO CODIFICATION'

§ 2.7 General provisions. All documents subject to codification, excepting

1 Agencies may submit drafts of proposed regulations for comments of the Division of the Federal Register in order to insure compliance with the regulations in §§ 2.7-2.21.

Presidential proclamations and Executive orders, shall be filed in the office of the Director after preparation in accordance with the provisions of § 2.5 and of §§ 2.8-2.21.

§ 2.8 Titles, chapters and parts; numbering. The major divisions of the Code are 50 titles numbered consecutively in Arabic from 1 to 50 and closely paralleling the titles of the United States Code. The normal divisions of titles are chapters, numbered consecutively throughout the title in Roman capitals, which have been assigned to the various agencies in accordance with the subject matter embraced within their regulations. The normal divisions of chapters are parts, numbered serially in Arabic, assigned to the various regulations of the agency upon the basis of the subject matter of the regulations appearing within the chapter. The proper title, chapter, and part designation, in that order, shall be set forth in full on separate lines at the head of each document.

§ 2.9 Tables of contents. Tables of contents shall be used only when a new part is introduced or an existing part is completely revised, except where the part consists of a single section. However, when a group of regulations are set forth as a subpart they may be given a table of contents when they are considered to be so extensive or important as to require such a table. These tables shall be set forth immediately following the part head and shall list only the section headnotes for the regulations to which they are applicable. Headnotes for paragraphs and other internal divisions of sections shall not be included in the tables of contents.

§ 2.10 Summary of contents of document. Where a table of contents is not required by § 2.9, a brief title more specifically setting forth the scope of the regulations shall be provided immediately following the part head.

§2.11 Section numbering—(a) Normal method. The numbers assigned to individual sections within a part shall include (1) the number of the part in which the section is placed followed by a decimal point, and (2) the serial number following the decimal point assigned to the section within the part. Such serial

number may consist of one or more digits in Arabic as may be required. Thus, the section number to be given section 15 within Part 30 would be § 30.15.

(b) Keying system. In cases where it is desired or requested by the agency, the serial numbers following the decimal point may correspond with a particular section numbering system which is in use by the agency: Provided, That written approval for the use of such system should be obtained from the Director. For example, assuming that Part 9 embraces Regulations 101 of the Bureau of Internal Revenue, the section numbering of the Bureau of Internal Revenue which corresponds with the articles and sections of the Income Tax Acts, could be followed. Thus, the section relating to Article 113 (a) (8) would be numbered § 9.113 (a) (8).

(c) Addition of new material. When it is necessary to add new sections to an existing part, which, because of their subject matter, must be inserted between two existing sections, such sections should be numbered by adding lower-case letters as part of the section numbers. Thus, if it is found necessary to insert a section or sections between two existing sections bearing the numbers § 30.5 and § 30.6, the first of the new sections would be numbered § 30.5a, and each succeeding new section $30.5b, § 30.5c, etc. Later if it is found necessary to add a new section between two of these sections, an Arabic number should be added, separated from the lower-case letter by a dash. Thus, a new section to be added between $ 30.5a and § 30.5b would be numbered § 30.5a-1.

§ 2.12 Centerheads. Where it is deemed advisable or necessary to use centerheads to indicate classification of subject matter within a part, the agency shall number the sections so as to provide space for addition of new sections within the groups coming under the various centerheads in order that the procedure outlined in § 2.11 (c) may be avoided.

§ 2.13 Internal numbering of sections. (a) Sections should be internally numbered whenever the lack of such numbering would result in difficulty or ambiguity of citation. In this internal numbering, sections may be subdivided into

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