Explanation

The Code of Federal Regulations is a codification of the general and per nent rules published in the Federal Register by the Executive departments a agencies of the Federal Government. The Code is divided into 50 titles wh represent broad areas subject to Federal regulation. Each title is divided i chapters which usually bear the name of the issuing agency. Each chapter further subdivided into parts covering specific regulatory areas.

ISSUE DATES

Each volume of the Code is revised at least once each calendar year a issued on a quarterly basis approximately as follows:

The appropriate revision date is printed on the cover of each volume.

LEGAL STATUS

The contents of the Federal Register are required to be judicially noticed U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

The Code of Federal Regulations is kept up to date by the individual issues the Federal Register. These two publications must be used together to det mine the latest version of any given rule.

To determine whether a Code volume has been amended since its revis date (in this case, July 1, 1988), consult the "List of CFR Sections Affect (LSA)," which is issued monthly, and the "Cumulative List of Parts Affecte which appears in the Reader Aids section of the daily Federal Register. Th two lists will identify the Federal Register page number of the latest ame ment of any given rule.

EFFECTIVE AND EXPIRATION DATES

Each volume of the Code contains amendments published in the Federal R ister since the last revision of that volume of the Code. Source citations for t regulations are referred to by volume number and page number of the Fede Register and date of publication. Publication dates and effective dates are usu ly not the same and care must be exercised by the user in determining t actual effective date. In instances where the effective date is beyond the cutdate for the Code a note has been inserted to reflect the future effective da In those instances where a regulation published in the Federal Register state

date certain for expiration, an appropriate note will be inserted following the
text.

OMB CONTROL NUMBERS

The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agen-
cies to display an OMB control number with their information collection re-
quest. Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting require-
ments.

OBSOLETE PROVISIONS

Provisions that become obsolete before the revision date stated on the cover
of each volume are not carried. Code users may find the text of provisions in
effect on a given date in the past by using the appropriate numerical list of
sections affected. For the period before January 1, 1973, consult either the List
of CFR Sections Affected, 1949-1963, or 1964-1972, published in three separate
volumes. For the period beginning January 1, 1973, a "List of CFR Sections
Affected" is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

What is incorporation by reference? Incorporation by reference was estab-
lished by statute and allows Federal agencies to meet the requirement to pub-
lish regulations in the Federal Register by referring to materials already pub-
lished elsewhere. For an incorporation to be valid, the Director of the Federal
Register must approve it. The legal effect of incorporation by reference is that
the material is treated as if it were published in full in the Federal Register (5
U.S.C. 552(a)). This material, like any other properly issued regulation, has the
force of law.

What is a proper incorporation by reference? The Director of the Federal
Register will approve an incorporation by reference only when the requirements
of 1 CFR Part 51 are met. Some of the elements on which approval is based are:
(a) The incorporation will substantially reduce the volume of material pub-
lished in the Federal Register.

(b) The matter incorporated is in fact available to the extent necessary to
afford fairness and uniformity in the administrative process.

(c) The incorporating document is drafted and submitted for publication in
accordance with 1 CFR Part 51.

Properly approved incorporations by reference in this volume are listed in the
Finding Aids at the end of this volume.

What if the material incorporated by reference cannot be found? If you have
any problem locating or obtaining a copy of material listed in the Finding Aids
of this volume as an approved incorporation by reference, please contact the
agency that issued the regulation containing that incorporation. If, after con-
tacting the agency, you find the material is not available, please notify the
Director of the Federal Register, National Archives and Records Administra-
tion, Washington DC 20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

A subject index to the Code of Federal Regulations is contained in a separate
volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.
This volume contains the Parallel Table of Statutory Authorities and Agency
Rules (Table I), and Acts Requiring Publication in the Federal Register (Table

III). A list of CFR Titles, Chapters, and Parts and an alp
cies publishing in the CFR are also included in this volum
An index to the text of "Title 3-The President" i

volume.

The Federal Register Index is issued monthly in cumul

is based on a consolidation of the "Contents" entries in th

ter.

A List of CFR Sections Affected (LSA) is published

revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

There are no restrictions on the republication of mat

Code of Federal Regulations.

INQUIRIES AND SALES

For a summary, legal interpretation, or other explanati
this volume, contact the issuing agency. Inquiries concerr
and reference assistance with respect to the Code of Fede
addressed to the Director, Office of the Federal Register,
Records Administration, Washington, D.C. 20408 (tel
Sales are handled exclusively by the Superintendent o
ment Printing Office, Washington, D.C. 20402 (telephone

July 1, 1988.

Office of

THIS TITLE

Title 28-JUDICIAL ADMINISTRATION is composed of one volume. The conten of this volume represent all current regulations codified by the Department Justice, the Federal Prison Industries, Inc., the Bureau of Prisons, Departmen of Justice, the Offices of Independent Counsel, Department of Justice, and th Office of Independent Counsel under this title of the CFR as of July 1, 1988

For this volume, Laurence L. Davey was Chief Editor. The Code of Federa Regulations is published under the direction of Martha B. Girard, assisted b Ruth C. Pontius.

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