[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Proposed Rules]
[Pages 64133-64149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25520]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / 
Proposed Rules

[[Page 64133]]



ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER

1 CFR Chapter I

[RIN 3095-AB84]


Revision of Regulations

AGENCY: Administrative Committee of the Federal Register.

ACTION: Proposed rule.

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SUMMARY: The Administrative Committee of the Federal Register proposes 
to update its regulations for the Federal Register system to clarify 
certain policies and to reflect current procedures and technological 
advances. This proposal would also revise the regulatory text to make 
it more readable and consistent with plain language principles.

DATES: Comments must be received on or before December 29, 2014.

ADDRESSES: You may submit comments, identified using the subject line 
of this document, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#80c6e5e4f2e5e7aeece5e7e1ecc0eee1f2e1aee7eff6"><span class="__cf_email__" data-cfemail="8bcdeeeff9eeeca5e7eeeceae7cbe5eaf9eaa5ece4fd">[email protected]</span></a>. Include the subject line of 
this document in the subject line of the message.
    <bullet> Mail: The Office of the Federal Register (F), The National 
Archives and Records Administration, 8601 Adelphi Road, College Park, 
MD 20740-6001.
    <bullet> Hand Delivery/Courier: Office of the Federal Register, 800 
North Capitol Street NW., Suite 700, Washington, DC 20002.
    Docket materials are available at the Office of the Federal 
Register, 800 North Capitol Street NW., Suite 700, Washington, DC 
20002, 202-741-6030. Please contact the persons listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection of 
docket materials. The Office of the Federal Register's official hours 
of business are Monday through Friday, 8:45 a.m. to 5:15 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Amy P. Bunk, Director of Legal Affairs 
and Policy, or Miriam Vincent, Staff Attorney, Office of the Federal 
Register, at <a href="/cdn-cgi/l/email-protection#da9cbfbea8bfbdf4b6bfbdbbb69ab4bba8bbf4bdb5ac"><span class="__cf_email__" data-cfemail="efa98a8b9d8a88c1838a888e83af818e9d8ec1888099">[email protected]</span></a>, or 202-741-6030.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    Under the Federal Register Act (FRA or the Act), (44 U.S.C. Chapter 
15), the Administrative Committee of the Federal Register 
(Administrative Committee) is responsible for issuing regulations 
governing Federal Register publications. The Administrative Committee 
has general authority under 44 U.S.C. 1506 to determine the manner and 
form for publishing the Federal Register and its special editions. The 
last major revision of Title 1 Chapter I of the Code of Federal 
Regulations (CFR) was completed November 4, 1972 (37 FR 23602). Because 
of technological advances in the printing and publication industry, the 
Administrative Committee intends to update chapter I in its entirety. 
This action does not represent an increase in the burdens on agencies 
or the public.
    Many of the changes proposed are technical in nature and will bring 
the regulations in line with the Office of the Federal Register (OFR) 
document management system and other technologies not available in the 
early 1970s. The Administrative Committee is also updating the text of 
many sections to meet plain language principles and to further the 
goals of the President's memorandum on Transparency and Open 
Government. (74 FR 4685, January 26, 2009).
    Proposed changes to 1 CFR chapter I are highlighted as follows:

Proposed Changes to Parts 1 and 2

    Parts 1 and 2 would be combined to follow OFR guidance that parts 
should not contain only one section. In Sec.  1.2, we would add a 
definition for the term ``Director'' to mean the Director of the 
Federal Register. Other proposed changes to part 1 include updating the 
OFR's mailing address and clarifying that materials appearing in the 
daily Federal Register or special editions of the Federal Register, 
with the exception of the National Archives and Records 
Administration's official seal and OFR logos, may be reproduced. See 36 
CFR part 1200.

Proposed Changes to Parts 3, 5, 6 and 8

    Many of the changes to these sections would be technical in nature, 
bringing the regulations in line with current technologies used at the 
OFR to carry out its mission. For example, Sec. Sec.  3.1 and 3.2 
include proposed language addressing where readers can access 
information online.
    Proposed section 3.1 states that the Director of the Federal 
Register administers the format and availability of the OFR.gov Web 
site. Proposed section 3.2 specifies that documents placed on public 
inspection are posted online. The proposed regulation makes clear that 
the official public inspection version of the document is filed at the 
OFR and that the actual date and time of official filing is the point 
in time when the document is available at the OFR. It also clarifies 
that the online public inspection desk is only updated during official 
office hours.
    Sections 3.3 and 3.4 would be added to consolidate the regulations 
on ancillaries and indexes to the Federal Register (Sec.  3.3) and the 
Code of Federal Regulations (Sec.  3.4), currently set out in other 
parts. This consolidation would allow us to remove part 6, which 
currently deals with ancillaries and indexes to the daily Federal 
Register. It contains five regulations dealing specifically with a 
daily Federal Register Index (Sec.  6.1), a yearly cumulative Federal 
Register Index (Sec.  6.2), daily and monthly lists of parts and 
sections affected by rules published in the Federal Register 
(Sec. Sec.  6.3 and 6.4), and a general section allowing the Director 
discretion to publish other indexes, digests, and guides, as needed 
(Sec.  6.5). The Administrative Committee believes that consolidating 
these sections into one general section allows the Director greater 
flexibility to publish user aids at a time when most users rely on the 
online version of the daily Federal Register.
    This proposed consolidation would also allow us to remove 
Sec. Sec.  8.4 and 8.5, which deal with ancillaries and indexes to the 
CFR. These proposed changes allow readers to quickly find information 
on user aids in one part entitled ``SERVICES TO THE PUBLIC'' (part 3) 
instead of searching the entire chapter to find this information.

[[Page 64134]]

    The Committee proposes to revise Sec.  5.9, entitled ``Categories 
of documents.'' The Committee created these categories to provide 
greater clarity under the FRA. These categories, which will correspond 
to sections in the daily Federal Register, are not intended as a 
determination as to a document's legal status.
    The Committee proposes to revise Sec.  5.9 to clarify what types of 
documents are published in which categories of the daily Federal 
Register. To do this, the Committee is proposing to add a new category 
to the daily Federal Register as set out in Sec.  5.9(d) and revise the 
list of documents types that publish in the Rules and Regulations 
category of the daily Federal Register. Certain types of documents that 
are currently required to be published in the Rules and Regulations 
category would be published in this new category of the daily issue, 
which would be called ``Regulatory Notices.'' The Regulatory Notices 
category would include documents containing Regulation Identifier 
Numbers (RINs) that do not amend the CFR; Paperwork Reduction Act 
notices; statements of organization and function; and announcements of 
public meetings, Sunshine Act notices, other meeting notices that are 
related to specific agency regulations and rulemaking actions; and 
general policy statements concerning regulations.
    The Committee believes that adding a new category to the daily 
Federal Register will alleviate confusion regarding where documents 
will publish in the daily Federal Register and allow documents to be 
processed for publication more quickly. The Committee also believes 
that creating this category falls in line with current data-
harmonization efforts across the federal government by providing a 
specific Federal Register category for these types of documents.
    The Committee also proposes to revise Sec. Sec.  5.10 and 8.6, 
which discuss the official formats of the Federal Register and the CFR. 
Currently, both sections specifically identify the formats that are 
official formats of both the Federal Register and the CFR. Setting out 
the official formats within the CFR makes it difficult to keep pace 
with the rapidly changing technological developments in publishing. 
Therefore, the Committee is proposing to remove the list of official 
formats from the CFR in favor of regulations that describe in detail 
the factors the Committee uses to determine what is an official format 
of these publications. Once the Committee determines the formats of 
these publications that are official, based on the factors set out in 
the regulations, the Committee will publish a Notice in the Federal 
Register announcing those official formats.
    The Committee has determined that it may announce official formats 
in a published Notice rather than codify them in the CFR, and that it 
may do so without seeking public comment. In 1996, through final rule 
with request for comments, the Committee chose to specify the official 
formats in the CFR.\1\ The Committee noted in a later rule that 
``granting official status'' of a format is a ``procedural matter'' and 
does ``not . . . materially [affect] rights or obligations.'' \2\ 
Consistent with that determination, the Committee has concluded that it 
is unnecessary for future designations of official format to be subject 
to public comment or codified in the CFR because such designations are 
rules of agency procedure and practice. See 5 U.S.C. 553(b)(A). The 
Committee believes that the Administrative Procedure Act's general 
requirement for rulemaking requires that the Committee codify the 
procedural requirements for determining an official format but does not 
require that the actual format be included within the CFR.
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    \1\ ``[T]he Administrative Committee is updating its regulations 
to acknowledge the official status and availability of the 
Administrative Committee's online editions of the Federal Register 
and The United States Government Manual. The Administrative 
Committee has resolved that the American public should have greater 
access to essential information on the structure, functions and 
actions of its Government through the Federal Register system.'' 61 
FR 68118 (December 27, 1996).
    \2\ 65 FR 8841, 8842 (February 23, 2000).
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    Currently, Sec.  8.3(c) requires that all rule documents amending 
the CFR be included in the annual soft-bound version of the CFR, even 
if the amendments to the CFR are not yet effective. In other words, a 
document amending the CFR that is published before July 1st (the 
publication date of the annual CFR volume) but is not effective until 
July 7th appears in the printed edition in a smaller font along with 
the currently effective regulation. While this practice was intended to 
alert readers to future changes in CFR text, displaying parallel 
codified text could sometimes be confusing.
    Now that there is an unofficial Electronic Code of Federal 
Regulations (e-CFR) that displays the current text of the CFR and links 
readers to pending Federal Register amendments, users have less need 
for future-effective amendments in printed editions. The proposed 
change to Sec.  8.3(c) would eliminate potential confusion by providing 
that only the regulation currently in effect as of the date of 
publication of the soft-bound volume will be published in that volume.
    Other proposed changes to part 5 and part 8 not specifically 
mentioned in this preamble are technical in nature; they clarify 
requirements for publication in the Federal Register system and 
reformat sections to aid in the readability of this chapter.

Proposed Changes to Parts 11 and 12

    The Administrative Committee proposes changing the language of 
parts 11 and 12 to be more concise and clear and to meet the goals of 
the President's transparency memorandum. In addition to these technical 
edits, the Committee proposes substantive changes to part 12. To 
fulfill the requirements of the Act, this part, entitled ``OFFICIAL 
DISTRIBUTION WITHIN FEDERAL GOVERNMENT,'' sets out the number of 
official copies of Federal Register publications that various Federal 
government entities are entitled to receive. Specifically, Sec. Sec.  
12.1 and 12.2 address the number of printed copies of the Federal 
Register and the CFR available to Federal entities without charge. The 
Administrative Committee believes that publishing both these 
publications in a free, electronic-only format to Federal officials for 
their official use constitutes the distribution of the Federal Register 
and the CFR for official use without charge. However, the OFR will 
continue to provide one soft-bound copy of the Federal Register and CFR 
to Federal officials upon a written request to the Director. The 
proposed changes to parts 11 and 12 will not change the page rate 
charged to agencies to publish documents in the Federal Register and 
CFR. The Administrative Committee intends that an official online 
version of both publications will remain available to both the public 
and Federal officials.
    Additionally, the Administrative Committee proposes to remove Sec.  
12.4. Section 12.4 establishes the number of printed copies of the 
Weekly Compilation of Presidential Documents (Weekly Compilation) 
available to Federal entities without charge. The Administrative 
Committee would remove and reserve this section because the Committee 
discontinued the publication of the Weekly Compilation in January 2009 
and has received no negative feedback from Federal entities that 
previously received a printed copy of this publication (See 74 FR 3950, 
January 21, 2009). The Committee also believes that providing the Daily 
Compilation of Presidential Documents (Daily Compilation) online meets 
the requirement of the FRA that publications such as the Daily

[[Page 64135]]

Compilation be distributed for official use without charge.

Proposed Changes to Part 15

    The Administrative Committee proposes to amend part 15 to remove 
Sec.  15.1, concerning OFR assistance, because it duplicates the 
requirements in current Sec. Sec.  15.3 and 15.10. In this document, 
the Committee proposes to redesignate current Sec. Sec.  15.2, 15.3 and 
15.10 as Sec. Sec.  15.1, 15.2, and 15.3 respectively, and to make 
certain technical and clarifying changes to each redesignated section. 
Finally in part 15, the Committee proposes to remove Sec.  15.4 because 
agencies no longer request reproduction and certification of copies of 
acts or documents from the OFR.

Proposed Changes to Part 16

    In Sec.  16.2, the Administrative Committee proposes to add a new 
paragraph (b) requiring agencies to provide the OFR and officials at 
their agencies specific information for continuity of operations (COOP) 
purposes. Over the past several years, Federal agencies have developed 
contingency plans to maintain operations in the case of a broad range 
of emergency circumstances. The FRA authorizes the President to 
activate the Emergency Federal Register (EFR) system in place of the 
daily Federal Register in certain limited circumstances. (See 44 U.S.C. 
1505(c) and E.O. 12656, as amended (http://www.archives.gov/Federal-register/executive-orders/1988.html)). The purpose of the EFR is to 
support the preservation of the rule of law and a constitutional form 
of government, following National Security Presidential Directive-51/
Homeland Security Presidential Directive-20 (https://www.hsdl.org/?view&did=476323).
    Under almost all types of emergencies, the OFR would continue to 
carry out its basic functions at alternate locations. Therefore, this 
proposed change to Sec.  16.2 would require agencies to provide the 
Director of the Federal Register with the names of liaison officers who 
are agency officials authorized to act for the agency in the event of 
an emergency (COOP liaisons). It also would require liaison officers to 
provide these officials with information on drafting and submitting 
documents to the OFR in emergency situations. These COOP liaisons would 
be responsible for certifying to OFR staff that documents in their 
possession are official agency actions, signed and authorized for 
publication. These officers would maintain custody of original 
documents, unedited or otherwise unchanged in a safe location during an 
emergency, and submit original documents to the OFR as soon as 
practicable. This change would allow OFR and the agencies to facilitate 
information exchange in the event of an emergency that closes the OFR 
office in Washington, DC. The OFR has posted online a Federal Register 
Bulletin with information on submitting documents when its Washington, 
DC office location is closed in an emergency. The Bulletin can be found 
online at http://www.archives.gov/Federal-register/write/newsletter/. 
The Administrative Committee believes that this proposed change to its 
regulations would provide the mechanisms to allow the OFR to publish 
the Emergency Federal Register under emergency circumstances.

Proposed Changes to Part 17

    Most of the proposed changes to part 17 are non-substantive and 
technical in nature. They update the language of the sections in an 
effort to make the regulations more understandable. They also make 
minor formatting changes to the sections. One substantive change the 
Administrative Committee proposes is to remove paragraph 17.2(d). This 
proposed change would discontinue the long-standing practice of placing 
meeting notices issued under the ``Government in the Sunshine Act'' on 
immediate public inspection and publishing them on an expedited (2-day) 
publication schedule. Most agencies submit these notices for 
publication well in advance and do not need the expedited filing. If an 
agency does need a shorter filing period, it can use the emergency 
procedures in part 17, subpart C. The underlying policy for this unique 
publication schedule for Sunshine Act meeting notices was established 
at a time when filing a document for public inspection simply required 
the OFR to put a paper copy on the table at the OFR.

Proposed Changes to Part 18

Sections 18.1, 18.4, and 18.10

    In Sec. Sec.  18.1 and 18.4, the Administrative Committee proposes 
to remove footnotes requesting that agencies wishing to submit computer 
processed data contact the OFR staff. In the 20 years since this 
section was last amended, the submission of electronic files has become 
routine and these footnotes are no longer necessary.
    In addition to removing footnotes from Sec. Sec.  18.1 and 18.4, 
the Administrative Committee also proposes removing language related to 
the specific format of original documents submitted in hard copy from 
Sec.  18.4 and Sec.  18.10. Section 18.10 currently requires that 
illustrations, tabular materials, and forms be submitted for 
publication by a legible reproduction on 8\1/2\ by 11-inch paper. The 
OFR is now able to accept illustrations, tabular materials, and forms 
imbedded in electronically submitted files or as part of an original 
document. Therefore, the Administrative Committee is proposing to 
revise this section to require that the submitted form or illustration 
be legible when reproduced in an 8\1/2\- by 11-inch format instead of 
requiring that agencies submit a legible reproduction themselves. 
Agencies with questions related to the submission of documents with 
forms, graphics, tables, or illustrations should contact the editorial 
staff of the OFR.

Section 18.2

    In Sec.  18.2, the Committee proposes to clarify that the Director 
will not accept for publication a document if it seeks to combine 
material that must appear under separate categories in the Federal 
Register, as set forth in Sec.  5.9. For example, documents may not 
serve as both rules and proposed rules nor may they serve as rules and 
notices. Agencies are not prohibited from discussing their commitments 
under specific statutes or Executive Orders, including periodic 
regulatory review.

Section 18.5

    Under this proposal, Sec.  18.5 would be removed. This section 
merely states the explicit statutory requirement that agencies submit 
certified copies or duplicate originals when they submit an original 
document for publication in the Federal Register. That requirement is 
already addressed in Sec.  18.1.

Section 18.8

    The Administrative Committee proposes to remove Sec.  18.8. This 
section states that agencies may put their seal on original documents 
and certified copies submitted for publication. Since very few agencies 
put their seal on documents submitted for publication and because it is 
not a requirement for submission of documents to the OFR for 
publication, the Administrative Committee believes that this section is 
unnecessary and should be removed.

Section 18.11

    The Administrative Committee proposes to add new section Sec.  
18.11. By adding the requirement that all documents contain standard 
headings, and not just rules and proposed rules (as discussed in Sec.  
18.12), the content that had been in Sec.  21.16(a) also applies to all

[[Page 64136]]

documents, so appropriately belongs in part 18. The Administrative 
Committee proposes to add a paragraph to account for agency docket 
numbers and Regulation Identifier Numbers (RINs), as applicable. A RIN 
is a code assigned by the Regulatory Information Service Center. 
Documents that are related to such regulatory actions, including 
Regulatory Notice documents, can carry a RIN.

Section 18.12

    Currently, agencies are only required to submit rules and proposed 
rules using a standardized preamble format. The Administrative 
Committee proposes to revise Sec.  18.12 to require that agencies 
submit all documents for publication using the standardized preamble 
format. Publishing unorganized notice documents without informative 
headings and guideposts can make vital information difficult to find. 
For example, advisory committee meeting notices, information collection 
requests, and grant announcements can be confusing if written in an 
unorganized manner, without the informative headings and distinct 
paragraphs that alert readers to comment opportunities, meeting dates, 
contact information, addresses, and document identification numbers. 
Requiring preambles for all notice documents will increase public 
understanding by clearly setting out essential elements of documents 
that alert readers to various agency actions. This provision will not 
affect the many agencies that already voluntarily use the standardized 
preamble format for notices.

Section 18.13

    The advent of the online public inspection desk greatly expanded 
public access to the documents filed for public inspection as required 
by 44 U.S.C. 1503 and 1504, but it also added technical complexities to 
the production process. When agencies withdraw or modify documents 
already placed on public inspection, they disrupt production and 
increase costs as the Federal Register is reassembled and repaginated. 
Therefore, the Administrative Committee is proposing to revise Sec.  
18.13 to more narrowly specify when agencies may withdraw and correct 
documents on public inspection.
    The proposed changes in this section would clarify that documents 
can be withdrawn or modified only when agencies submit a timely letter 
stating that the document is being withdrawn to address an emergency or 
to prevent a violation of law. This proposal does not change the 
requirement that the withdrawal request letter stay on public 
inspection through the day on which the document would have been 
published in the Federal Register. However, it would change OFR 
procedure so that a withdrawn document will be removed from public 
inspection on the business day on which the document was withdrawn from 
publication. The revised regulation will continue to require that the 
OFR provide public notice that a document was withdrawn from 
publication after being filed for public inspection, but will eliminate 
possible confusion concerning which documents will be published in the 
daily Federal Register.
    Also, the proposed changes to Sec.  18.13 would clarify that, even 
with a written request, the OFR will correct or withdraw documents on 
public inspection only when the request does not impose a burden on the 
production of the Federal Register. The proposed changes also provide 
that corrected documents and the request letters will remain on public 
inspection until the end of the business day on which the corrections 
were made to the document.

Section 18.17

    The Administrative Committee proposes to revise Sec.  18.17 to add 
a new paragraph (e). This new paragraph explicitly states that in order 
to extend the effective period of a temporary rule, agencies must 
submit a document extending the effective date of that rule before the 
expiration of the original effective date. The Committee reminds 
agencies that once the effective date of a temporary rule expires, the 
provisions of Sec.  18.16 apply, and they must then set out the full 
text of the temporary rule to reinstate it.

Proposed Changes to Part 19

    Part 19, which is based on several Executive Orders, has been 
amended to reflect changes to those Orders made by E.O. 13403 (71 FR 
28543, May 12, 2006). The Administrative Committee proposes to revise 
the current authority citation for part 19 and the regulations in this 
part to reflect the addition of this Executive Order.

Proposed Changes to Part 20 and Addition of New Part 24

    The United States Government Manual (Manual) regulations in part 20 
are proposed to be redesignated as new part 24. The redesignation would 
separate instructions for Manual submissions from Federal Register 
drafting requirements.
    As the OFR develops a new electronic format for both the submission 
of agency information and the publication format of the Manual, the 
Administrative Committee proposes to redesignate Sec.  20.7 and revise 
the new Sec.  24.7 to remove references to print-specific publication 
deadlines because the Manual will be a currently updated online 
publication. This will allow agencies to provide updated information 
through an electronic web-based submission process whenever information 
in the Manual needs to be updated. Submission of updated information 
through an OFR web-based submission portal will qualify as an official 
draft under Sec.  24.2.

Proposed Changes to Part 21

    The proposed changes to part 21 include reformatting the entire 
part to eliminate undesignated center headings. The Administrative 
Committee believes that undesignated center headings are no longer 
useful or needed since most users read the CFR online instead of in 
book format. Thus, the Administrative Committee proposes that part 21 
be formatted as set out below, and that the section headings be revised 
to provide information formerly in the undesignated center headings.
    While the Administrative Committee is proposing to remove 
undesignated center headings from our regulations, we understand that 
some agencies still use them. Therefore, the Administrative Committee 
proposes to add a new definitions section (Sec.  21.1) to define terms 
used within this part that are not common, namely, the terms 
``undesignated center headings,'' and ``words of issuance.''

Sections 21.6 and 21.9

    In Sec.  21.6, the Administrative Committee proposes to add the 
phrases ``or by court order'' and ``a rule document'' to clarify that 
if a court vacates an agency's regulations, the issuing agency must 
remove those vacated CFR sections by publishing a document in the rules 
section of the daily Federal Register, thus implementing the court 
order.

Section 21.9

    In Sec.  21.9, the Administrative Committee proposes to codify the 
existing practice that agencies may use undesignated center headings.

Section 21.11

    The Administrative Committee proposes to revise Sec.  21.11 to 
limit paragraph designations to four levels. Most agencies do not 
designate paragraphs below level four because it is difficult to read 
sections with material designated below this level. The Administrative 
Committee believes that codifying this practice in this section

[[Page 64137]]

adds to the readability and clarity of the entire CFR. Agencies with 
existing CFR sections containing paragraph designations to six levels 
do not need to restructure a six-level section until the entire section 
is revised.

Section 21.14

    The Administrative Committee proposes to revise Sec.  21.14 to 
clarify the procedures and timeframe for agencies to request deviations 
from the standard format of the CFR. Under 44 U.S.C. 1510, the 
Administrative Committee is charged with issuing regulations to 
maintain the orderly codification of regulations within the Federal 
Register publication system. To ensure the orderly development of the 
CFR, the Administrative Committee issued regulations in title 1 chapter 
I of the CFR. The Administrative Committee understands that sometimes 
it is not possible to maintain the single codification structure, so it 
issued a regulation that established the procedure for agencies to 
request that certain regulatory provisions be codified in a nonstandard 
manner into the CFR. See 1 CFR 21.14.
    The Administrative Committee proposes to revise Sec.  21.14 to add 
more time for the Director and OFR staff to review requests for a 
deviation from the standard CFR structure and also to remove language 
that suggests that an agency could only make a request at the final 
rule stage of the rulemaking process. The Administrative Committee 
believes that these slight changes will provide the OFR needed time to 
review requests and will allow greater communication between OFR and 
agencies during the initial phase of the rulemaking process so that 
codification issues can be discussed and settled before the final rule 
stage.

Section 21.16

    The Administrative Committee proposes to move the content of 
paragraph (a) to new Sec.  18.11, as discussed in the summary for part 
18.

Sections 21.21 and 21.23

    The Administrative Committee is proposing to revise Sec.  21.21 on 
cross references to make clear the distinction between cross references 
within an agency's own regulations (Sec.  21.21) and cross references 
to another agency's regulations (Sec.  21.23). The Administrative 
Committee considers these proposed changes structural in nature. They 
are intended to clarify current requirements. There is no intent to 
change substantively an agency's ability to cross-reference under these 
regulations. The Administrative Committee also proposes to remove 
regulatory language addressing parallel citation of the CFR and Federal 
Register. The Administrative Committee agrees with OFR policy that does 
not allow Federal Register citations in codified CFR text. Appropriate 
citation in CFR text is to CFR sections only. Federal Register 
citations are appropriate for preambles of rulemaking documents.

Subpart B of Part 21

    The Administrative Committee proposes to restructure the provisions 
found in subpart B of part 21. The proposed Sec.  21.40 combines the 
provisions of the current Sec. Sec.  21.40 and 21.51 without 
substantive changes and we are combining Sec. Sec.  21.45 and 21.53 in 
the proposed Sec.  21.44. Currently these two sets of provisions deal 
generally with authority citations and their form. The Administrative 
Committee believes that combining these two sets of general provisions 
will clarify basic authority citation requirements by placing all the 
general requirements together in two CFR sections, one for statutory 
and one for nonstatutory authorities. Additionally, this consolidation 
allows the Administrative Committee to make other usability changes, 
including redesignating, as Sec.  21.45, the current Sec.  21.42 
regarding exceptions. The Administrative Committee believes that moving 
the exceptions provision to the end of the subpart allows the reader to 
understand the basic CFR requirements on authority citations before 
reading about exceptions.
    Under this proposal, the current Sec. Sec.  21.43 and 21.52 would 
be redesignated as Sec. Sec.  21.42 and 21.43, respectively, to 
consolidate the numbering sequence of this subpart. When this subpart 
was initially developed there was a substantial gap in numbering to 
allow for additional sections. Over the past 30 years, no new sections 
have been added to this subpart so the Administrative Committee 
believes that renumbering the provisions to remove gaps is reasonable.
    In addition to redesignating Sec.  21.43 as Sec.  21.42, the 
Administrative Committee proposes to revise this section so the broader 
requirements currently set out in paragraph (b) become paragraph (a) 
and the more specific requirements of this section become paragraph 
(b).

Proposed Changes to Part 22 and New Part 23

    The Administrative Committee proposes to revise part 22 by removing 
sections related to publishing notice documents in the Federal Register 
and moving those sections to new part 23. The Administrative Committee 
believes that this change will clarify the distinction between the 
``Notices'' and ``Proposed Rules'' sections of the daily issue of the 
Federal Register.

Regulatory Analysis

    The Administrative Committee developed this proposed rule after 
considering numerous statutes and executive orders related to 
rulemaking. Below is a summary of the Committee's determinations after 
analysis of these statutes and executive orders with respect to this 
rulemaking proceeding.

Executive Orders 12866 and 13563

    The proposed rule has been drafted in accordance with Executive 
Order 12866, section 1(b), ``The Principles of Regulation'' and 
Executive Order 13563 ``Improving Regulation and Regulatory Review.'' 
The Administrative Committee has determined that this proposed rule is 
a significant regulatory action as defined under section 3(f) of 
Executive Order 12866. The proposed rule has been submitted to the 
Office of Management and Budget under section 6(a)(3)(A) of Executive 
Order 12866.

Regulatory Flexibility Act

    This proposed rule will not have a significant impact on small 
entities since it imposes no requirements on the public. Members of the 
public can access Federal Register publications for free through the 
Government Printing Office's Web site.

Federalism

    This proposed rule has no federalism implications under Executive 
Order 13132. It does not impose compliance costs on state or local 
governments or preempt state law.

List of Subjects

1 CFR Part 1

    Administrative practice and procedure.

1 CFR Part 2

    Administrative practice and procedure, Authority delegations 
(Government agencies), Organization and functions (Government 
agencies).

1 CFR Part 3

    Government publications, Organization and functions (Government 
agencies).

1 CFR Part 5

    Administrative practice and procedure, Federal Register, Government 
publications.

[[Page 64138]]

1 CFR Part 6

    Federal Register, Government publications.

1 CFR Part 8

    Administrative practice and procedure, Code of Federal Regulations, 
Government publications.

1 CFR Part 11

    Code of Federal Regulations, Federal Register, Government 
publications, Public Papers of Presidents of United States, United 
States Government Manual, Daily Compilation of Presidential Documents.

1 CFR Part 12

    Code of Federal Regulations, Federal Register, Government 
publications, Public Papers of Presidents of United States, United 
States Government Manual, Daily Compilation of Presidential Documents.

1 CFR Part 15

    Organization and functions (Government agencies).

1 CFR Part 16

    Federal Register.

1 CFR Part 17

    Federal Register.

1 CFR Part 18

    Administrative practice and procedure, Federal Register.

1 CFR Part 19

    Executive orders, Federal Register, Proclamations

1 CFR Part 20

    United States Government Manual.

1 CFR Part 21

    Administrative practice and procedure, Code of Federal Regulations, 
Federal Register.

1 CFR Part 22

    Administrative practice and procedure, Federal Register.

1 CFR Part 23

    Administrative practice and procedure, Federal Register.
    For the reasons discussed in the preamble, under the authority at 
44 U.S.C. 1506 and 1510, the Administrative Committee of the Federal 
Register, with the approval of the Archivist of the United States and 
the Attorney General, proposes to amend chapter I of title 1 of the 
Code of Federal Regulations as set forth below:

TITLE 1--General Provisions

CHAPTER I--ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER

SUBCHAPTER A--GENERAL

0
1. Revise part 1 to read as follows:

PART 1--GENERAL INFORMATION

Sec.
1.1 Scope and purpose.
1.2 Definitions.
1.3 Administrative Committee of the Federal Register.
1.4 Office of the Federal Register; location; office hours.
1.5 General authority of Director.
1.6 Authorized use.

    Authority:  44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189; 1 U.S.C. 112, 113.


Sec.  1.1  Scope and purpose.

    (a) This chapter sets forth the policies, procedures, and 
delegations under which the Administrative Committee of the Federal 
Register carries out its general responsibilities.
    (b) A primary purpose of this chapter is to inform the public and 
government agencies of the nature and uses of Federal Register 
publications.


Sec.  1.2  Definitions.

    Definitions of terms as used in this chapter:
    Administrative Committee means the Administrative Committee of the 
Federal Register, as set forth in Sec.  1.3 of this chapter.
    Agency means an executive department, independent board, 
establishment, bureau, agency, institution, commission, or separate 
office of the administrative branch of the Government of the United 
States, whether or not within or subject to review by another agency, 
but not the legislative or judicial branches of the Government.
    Director means the Director of the Federal Register.
    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.
    Document having general applicability and legal effect means any 
document issued under proper authority prescribing a penalty or course 
of conduct, conferring a right, privilege, authority, or immunity, or 
imposing an obligation, and relevant or applicable to the general 
public, members of a class, or persons in a locality, as distinguished 
from named individuals or organizations.
    Filing means making a document available for public inspection at 
the Office of the Federal Register and online during official business 
hours. The Office of the Federal Register files a document only after 
it has been received, processed, and assigned a publication date 
according to the schedule in part 17 of this chapter.
    OFR is the Office of the Federal Register.
    Regulation and rule have the same meaning.


Sec.  1.3  Administrative Committee of the Federal Register.

    (a) The Administrative Committee includes:
    (1) The Archivist, or Acting Archivist, of the United States, who 
is the Chairman;
    (2) An officer of the Department of Justice designated by the 
Attorney General; and
    (3) The Public Printer or Acting Public Printer.
    (b) The Director serves as the Secretary of the Committee, 
including at all official proceedings and executive sessions of the 
committee.
    (c) Any material required by law to be filed with the Committee, 
and any correspondence, inquiries, or other material intended for the 
Committee or that relate to Federal Register publications must be sent 
to the Director.


Sec.  1.4  Office of the Federal Register; location; office hours.

    (a) The Office of the Federal Register (the Office) is an office of 
the National Archives and Records Administration.
    (b) The Office is located in Washington, DC.
    (c) The mailing address is: Office of the Federal Register (F), 
National Archives and Records Administration, 8601 Adelphi Road, 
College Park, MD 20740-6001.
    (d) The courier or non-postal service delivery address is: The 
Office of the Federal Register, 800 North Capitol Street NW., Suite 
700, Washington, DC 20002.
    (e) Office hours are 8:45 a.m. to 5:15 p.m., Monday through Friday, 
except for official Federal holidays.


Sec.  1.5  General authority of Director.

    (a) The Director is delegated authority to administer this chapter, 
the related provisions of the Federal Register Act, the pertinent 
provisions of other statutes, and any regulations issued pursuant to 
the Federal Register Act.
    (b) The Director may return to the issuing agency any document 
submitted for publication in the Federal Register,

[[Page 64139]]

or special editions of the Federal Register, if, in the Director's 
judgment, the document does not meet the minimum requirements of this 
chapter.


Sec.  1.6  Authorized use.

    Any person may reproduce or republish any material appearing in any 
regular or special edition of the Federal Register, except as provided 
in 36 CFR part 1200, which restricts the use of the National Archives 
and Records Administration's official seals and stylized Office of the 
Federal Register logos.

PART 2--[REMOVED]

0
2. Remove part 2.
0
3. Revise part 3 to read as follows:

PART 3--SERVICES TO THE PUBLIC

Sec.
3.1 Information services.
3.2 Public inspection of documents.
3.3 Indexes and other ancillary guides to the Federal Register.
3.4 Indexes and other ancillary guides to the Code of Federal 
Regulations (CFR).

    Authority: 44 U.S.C. 1506, 1510; sec. 6, E.O. 10530, 19 FR 2709; 
3 CFR, 1954-1958 Comp., p. 189.


Sec.  3.1  Information services.

    (a) The Office of the Federal Register (the Office) provides 
information concerning the publications described in this chapter and 
the original acts and documents filed with the Office of the Federal 
Register as time permits.
    (b) The Director administers the format and availability of the 
OFR.gov Web site in accordance with the Federal Register Act and the 
related public information statutes of the United States.
    (c) The Office will not summarize or interpret substantive text of 
any statute or document.


Sec.  3.2  Public inspection of documents.

    (a) Documents filed with the Office of the Federal Register for 
publication are available for public inspection at 800 North Capitol 
Street NW., Suite 700, Washington, DC 20002 during the Office of the 
Federal Register office hours, unless the OFR has been relocated to the 
National Archives and Records Administration's continuity of operations 
facility, see Sec.  1.4 of this chapter.
    (b) Documents are filed for public inspection at least one business 
day before publication in the Federal Register.
    (c) Each document has a notation of the day and hour when it was 
filed and made available for public inspection.
    (d)(1) The legally controlling version of a public inspection 
document is the official record filed at the Office of the Federal 
Register.
    (2) OFR posts a full-text version of the filed document to its 
public inspection Web site shortly after making the document publicly 
available at its office.
    (3) The filed document reflects the date and time of the official 
filing, which is when the document is available to the public at the 
OFR's office in Washington, DC. The official filing time is indicated 
on the document with a date/time stamp. The online posting time may 
vary, depending upon server usage and other factors, so it may be later 
than the official filing.
    (4) The OFR updates the online public inspection site during 
official office hours only.


Sec.  3.3  Indexes and other ancillary guides to the Federal Register.

    OFR provides ancillary indexes, guides, digests, user aids, lists, 
and search tools to help the public access the contents of the Federal 
Register.


Sec.  3.4  Indexes and other ancillary guides to the Code of Federal 
Regulations (CFR).

    (a) The OFR publishes a subject index to the CFR that is annually 
revised and separately published.
    (b) Other ancillary indexes, guides, digests, user aids, lists, and 
search tools may be provided as the Director considers appropriate, 
such as a parallel table of authorities and rules, a parallel table of 
agency documents and rules, and the ``List of CFR Sections Affected.''
    (c) Agency-prepared indexes within CFR chapters may be published 
with the approval of the Director.

SUBCHAPTER B--THE FEDERAL REGISTER

0
4. Revise part 5 to read as follows:

PART 5--PUBLICATION AND DELIVERY

Sec.
5.1 Publication policy.
5.2 Documents required to be filed for public inspection and 
published.
5.3 Publication of other documents.
5.4 Publication not authorized.
5.5 Supplement to the Code of Federal Regulations.
5.6 Daily publication.
5.7 Distribution.
5.8 Form of citation.
5.9 Categories of documents.
5.10 Forms of publication.

    Authority:  44 U.S.C. 1506, 1510; sec. 6, E.O. 10530, 19 FR 
2709; 3 CFR, 1954-1958 Comp., p. 189.


Sec.  5.1  Publication policy.

    (a) The Director publishes a serial publication called the Federal 
Register to contain the following:
    (1) Executive orders, proclamations, and other Presidential 
documents.
    (2) Documents required to be published by law.
    (3) Documents accepted for publication under Sec.  5.3 of this 
part.
    (b) Each document required or authorized to be filed for 
publication will publish according to the schedules in part 17 of this 
chapter.
    (c) In issuing regulations governing headings, preambles, effective 
dates, authority citations, and similar matters of form, the 
Administrative Committee does not affect the substance and validity of 
any document that is filed and published under law.


Sec.  5.2  Documents required to be filed for public inspection and 
published.

    The following documents are required to be filed for public 
inspection with the Office of the Federal Register and published in the 
Federal Register:
    (a) Presidential proclamations and Executive orders in the numbered 
series, and each other document that the President orders for 
publication.
    (b) Each document or class of documents required to be published by 
act of Congress.
    (c) Each document having general applicability and legal effect.


Sec.  5.3  Publication of other documents.

    Whenever the Director determines that it is in the public interest 
to publish a document not covered by Sec.  5.2 of this part, the 
Director may allow that document to be filed for public inspection with 
the Office of the Federal Register and published in the Federal 
Register to the extent that such publication is consistent with the 
Federal Register Act or otherwise authorized by law.


Sec.  5.4  Publication not authorized.

    (a) Comments and news items will not be published in the Federal 
Register.
    (b) The Director will not accept any document for filing and 
publication unless it is the official action of the submitting agency.


Sec.  5.5  Supplement to the Code of Federal Regulations.

    The Federal Register serves as a daily supplement to the Code of 
Federal Regulations. Each document that is subject to codification and 
published in a daily issue is incorporated into the Code of Federal 
Regulations.


Sec.  5.6  Daily publication.

    The daily Federal Register is published by the Office of the 
Federal

[[Page 64140]]

Register each official Federal business day.


Sec.  5.7  Distribution.

    The Government Printing Office will promptly distribute the Federal 
Register on each Federal business day. Monday editions of the Federal 
Register will be produced and distributed on the preceding Saturday.


Sec.  5.8  Form of citation.

    Citations to the Federal Register within Federal Register documents 
must cite volume and page number, and use the short form ``FR'' for 
``Federal Register.'' For example, ``37 FR 6803'' refers to material 
beginning on page 6803 of volume 37 of the daily issue.


Sec.  5.9  Categories of documents.

    Each document published in the Federal Register will be placed 
under one of the following categories, as indicated:
    (a) The President. This category contains each Executive order or 
Presidential proclamation and other Presidential documents or orders 
that the President submits for publication.
    (b) Rules and regulations. This category contains documents having 
general applicability and legal effect, except those covered by 
paragraph (a) of this section, including documents subject to 
codification in the Code of Federal Regulations. It also includes 
interpretative rules and denials of petitions for rulemaking.
    (c) Proposed rules. This category includes:
    (1) Documents that propose changes to regulations in the Code of 
Federal Regulations; and
    (2) Documents that begin a rulemaking proceeding through advance 
notices of proposed rulemaking, petitions for rulemaking, or similar 
agency actions.
    (d) Regulatory notices. This category includes:
    (1) Documents containing Regulation Identifier Numbers that do not 
amend the Code of Federal Regulations;
    (2) General policy statements concerning regulations;
    (3) Paperwork Reduction Act notices;
    (4) Announcements of public meetings, Sunshine Act notices, and 
other meeting notices that are directly related to agency regulations; 
and
    (5) Statements of organization and function.
    (e) Notices. This category:
    (1) Contains other documents applicable to the public and not 
covered by paragraphs (a), (b), (c), and (d) of this section; and
    (2) Includes announcements of public meetings and other information 
of public interest.


Sec.  5.10  Forms of publication.

    (a) The Administrative Committee determines the official formats of 
the Federal Register. During an official meeting of the Administrative 
Committee, the Committee will review a request from the Director of the 
Federal Register to authorize specific official formats of the Federal 
Register. Each request will be a separate determination by the 
Administrative Committee.
    (b) Factors considered by the Administrative Committee when 
determining a specific official format include:
    (1) Availability;
    (2) Cost;
    (3) Technical capabilities; and
    (4) Permanence of public access to the current and historical 
content.
    (c) The Administrative Committee will publish a notice in the 
Federal Register announcing the manner and form of official formats of 
the Federal Register.

PART 6--[REMOVED]

0
5. Remove part 6.

SUBCHAPTER C--SPECIAL EDITIONS OF THE FEDERAL REGISTER

0
6. Revise part 8 to read as follows:

PART 8--CODE OF FEDERAL REGULATIONS

Sec.
8.1 Policy.
8.2 Orderly development.
8.3 Periodic updating.
8.6 Forms of publication.
8.7 Agency cooperation.
8.9 Form of citation.

    Authority:  44 U.S.C. 1506, 1510; sec. 6, E.O. 10530, 19 FR 
2709; 3 CFR, 1954-1958 Comp., p. 189.


Sec.  8.1  Policy.

    (a) The Director of the Federal Register periodically publishes a 
special edition of the Federal Register called the Code of Federal 
Regulations (CFR) containing each Federal regulation of general 
applicability and legal effect.
    (b) The Administrative Committee intends to use every practical 
means to keep the CFR as current, complete, reliable, and readily 
usable as possible, within limitations imposed by reasonable costs.


Sec.  8.2  Orderly development.

    (a) To ensure orderly development of the CFR along practical lines, 
the Director may establish new titles in the CFR and rearrange existing 
titles and subordinate assignments.
    (b) Before taking an action under this section, the Director will 
consult with each agency directly affected by the proposed change.


Sec.  8.3  Periodic updating.

    (a) Timeframe. (1) Each annual volume of the CFR is updated at 
least once each calendar year.
    (i) If no change in its contents has occurred during the year, a 
simple volume cover notation to that effect may serve as the supplement 
for that year.
    (ii) If no change in its contents has occurred during the year, a 
simple notation appearing online to that effect may serve as the 
supplement for that year.
    (2) The Director may provide for any unit of the CFR to be updated 
as frequently as necessary to maintain a current, complete, and readily 
usable codification, consistent with the intent and purpose of the 
Administrative Committee as stated in Sec.  8.1 of this part.
    (b) Periodic publication. The annual edition of the CFR will be 
produced over a 12-month period under a publication system to be 
determined by the Director.
    (c) Cutoff dates. Each updated title of the CFR will include each 
amendment to that title published in the Federal Register and effective 
as a codified regulation on or before the ``As of'' date. For example, 
each title updated as of July 1 each year will include all amendatory 
documents that appeared in the daily Federal Register and became 
effective on or before July 1.


Sec.  8.6  Forms of publication.

    (a) The Administrative Committee determines the official format of 
the CFR. During an official meeting of the Administrative Committee, 
the Committee will review a request from the Director of the Federal 
Register to authorize specific official formats of the CFR. Each 
request will be a separate determination by the Administrative 
Committee.
    (1) Factors considered by the Administrative Committee when 
determining a specific official format include:
    (i) Availability;
    (ii) Cost;
    (iii) Technical capabilities; and
    (iv) Permanence of public access to the current and historical 
content.
    (2) The Administrative Committee will publish a notice in the 
Federal Register announcing the manner and form of official formats of 
the CFR.
    (b) The Director is authorized to regulate the style and layout of 
the Code of Federal Regulations according to the needs of users and 
compatibility with

[[Page 64141]]

the facilities of the Government Printing Office. The Director:
    (1) May provide for the Code of Federal Regulations to be published 
in as many volumes as necessary; and
    (2) Will oversee the organization and layout of the material in the 
online edition.


Sec.  8.7  Agency cooperation.

    Each agency must cooperate in keeping publication of the CFR 
current by complying promptly with deadlines set by the Director.


Sec.  8.9  Form of citation.

    Citations to the CFR within Federal Register documents must cite 
the CFR title and section using the short form ``CFR.'' For example, 
``1 CFR 10.2'' refers to Title 1, Code of Federal Regulations, part 10, 
section 2.

SUBCHAPTER D--AVAILABILITY OF OFFICE OF THE FEDERAL REGISTER 
PUBLICATIONS

0
7. Revise part 11 to read as follows:

PART 11--SUBSCRIPTIONS

Sec.
11.1 Subscription by the public.
11.2 Federal Register.
11.3 Code of Federal Regulations.
11.5 Public Papers of the Presidents of the United States.
11.7 Federal Register Index.
11.8 LSA (List of CFR Sections Affected).

    Authority:  44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709, 3 
CFR, 1954-1958 Comp., p. 189.


Sec.  11.1  Subscription by the public.

    The Government Printing Office produces the paper edition of the 
publications described in Sec.  2.5 of this chapter, and the 
Superintendent of Documents, Government Printing Office, Washington, DC 
20402, sells them to the public. All fees are payable in advance to the 
Superintendent of Documents, Government Printing Office. They are not 
available for free distribution to the public.


Sec.  11.2  Federal Register.

    (a) The subscription price for the paper edition of the daily 
Federal Register is $749 per year. A combined subscription to the daily 
Federal Register, the monthly Federal Register Index, and the monthly 
LSA (List of CFR Sections Affected) is $808 per year for the paper 
edition. Six-month subscriptions for the paper edition are also 
available at one-half the annual rate. Those prices exclude delivery 
costs. Delivery rates will be applied to orders according to the 
delivery method requested. The price of a single copy of the daily 
Federal Register, including delivery costs, is based on the number of 
pages: $11 for an issue containing less than 200 pages; $22 for an 
issue containing 200 to 400 pages; and $33 for an issue containing more 
than 400 pages.
    (b) The online edition of the Federal Register, issued under the 
authority of the Administrative Committee, is available through the 
Government Printing Office's Web site.


Sec.  11.3  Code of Federal Regulations.

    (a) The subscription price for a complete set of the Code of 
Federal Regulations is $1,019 per year for the bound, paper edition. 
Those prices exclude delivery costs. Delivery rates will be applied to 
orders according to the delivery method requested. The Government 
Printing Office sells individual volumes of the paper edition of the 
Code of Federal Regulations at prices determined by the Superintendent 
of Documents under the general direction of the Administrative 
Committee.
    (b) The online edition of the Code of Federal Regulations, issued 
under the authority of the Administrative Committee, is available 
through the Government Printing Office's Web site.


Sec.  11.5  Public Papers of the Presidents of the United States.

    Copies of annual clothbound volumes are sold at a price determined 
by the Superintendent of Documents under the general direction of the 
Administrative Committee.


Sec.  11.7  Federal Register Index.

    The annual subscription price for the monthly Federal Register 
Index, purchased separately, in paper form, is $29. The price excludes 
delivery costs. Delivery rates will be applied to orders according to 
the delivery method requested.


Sec.  11.8  LSA (List of CFR Sections Affected).

    The annual subscription price for the monthly LSA (List of CFR 
Sections Affected), purchased separately, in paper form, is $30. The 
price excludes delivery costs. Delivery rates will be applied to orders 
according to the delivery method requested.
    8. Revise part 12 to read to read as follows:

PART 12--OFFICIAL DISTRIBUTION WITHIN FEDERAL GOVERNMENT

Sec.
12.1 Federal Register.
12.2 Code of Federal Regulations.
12.5 Public Papers of the Presidents of the United States.

    Authority:  44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.


Sec.  12.1  Federal Register.

    (a) The Federal Register, issued under the authority of the 
Administrative Committee, is officially maintained online and is 
available on the Government Printing Office's Web sites.
    (b) Copies of the daily Federal Register in paper will be made 
available to the following without charge:
    (1) Members of Congress. Each Senator and each Member of the House 
of Representatives will be provided with one copy of each daily issue 
in response to a written request to the Director.
    (2) Congressional committees. Each committee of the Senate and the 
House of Representatives will be provided with one copy for official 
use in response to a written request from the chairperson, or 
authorized delegate, to the Director.
    (3) Supreme Court. The Supreme Court will be provided with one copy 
for official use in response to a written request to the Director.
    (4) Other courts. Other constitutional or legislative courts of the 
United States will be provided with one copy for official use in 
response to a written request from the Director of the Administrative 
Office of the U.S. Courts, or authorized delegate, to the Director.
    (5) Executive agencies. Each Federal executive agency will be 
provided with one copy for official use in response to a written 
request from the agency Federal Register authorizing officer, or the 
alternate, designated under Sec.  16.1 of this chapter, to the 
Director.
    (c) Requisitions for quantity overruns of specific issues to be 
paid for by the agency are available as follows:
    (1) To meet its needs for special distribution of the Federal 
Register in substantial quantity, any agency may request an overrun of 
a specific issue.
    (2) An advance printing and binding requisition on Standard Form 1 
must be submitted by the agency directly to the Government Printing 
Office, to be received not later than noon on the Federal business day 
before publication.
    (d) Requisitions for quantity overruns of separate part issues to 
be paid for by the agency are available as follows:
    (1) Whenever the Director determines it to be in the public 
interest, one or more documents may be published as a separate part 
(that is, Part II, Part III) of the Federal Register.
    (2) Advance arrangements for this service must be made with the 
Office of the Federal Register.
    (3) Any agency may request an overrun of such a separate part by 
submitting an advance printing and

[[Page 64142]]

binding requisition on Standard Form 1 directly to the Government 
Printing Office, to be received not later than 12 noon on the Federal 
business day before the publication date.
    (e) An agency may order limited quantities of extra copies of a 
specific issue of the Federal Register for official use, from the 
Superintendent of Documents, to be paid for by that agency.


Sec.  12.2  Code of Federal Regulations.

    (a)(1) The CFR, issued under the authority of the Administrative 
Committee, is officially maintained online and is available through the 
Government Printing Office's Web site.
    (2) One copy of the CFR means one complete set of the annual paper 
edition of the codification of the general and permanent rules.
    (b) Copies of the CFR in paper will be made available to the 
following without charge:
    (1) Congressional committees. Each committee of the Senate and 
House of Representatives will be provided with one copy for official 
use in response to a written request to the Director from the committee 
chairperson, or authorized delegate.
    (2) Supreme Court. The Supreme Court will be provided with one copy 
for official use in response to a written request to the Director of 
the Federal Register.
    (3) Other courts. Other constitutional and legislative courts of 
the United States will be provided with one copy for official use in 
response to a written request to the Director from the Director of the 
Administrative Office of the U.S. Courts.
    (4) Executive agencies. Each Federal executive agency will be 
provided with one copy for official use in response to a written 
request to the Director from the agency Federal Register authorizing 
officer, or the alternate, designated under Sec.  16.1 of this chapter.
    (c) Legislative, judicial, and executive agencies of the Federal 
Government may obtain additional copies of selected units of the CFR, 
at cost, for official use, by submitting a printing and binding 
requisition to the Government Printing Office on Standard Form 1 before 
the press run.
    (d) After the press run, each request for extra copies of selected 
units of the CFR must be addressed to the Superintendent of Documents, 
to be paid for by the agency making the request.


Sec.  12.5  Public Papers of the Presidents of the United States.

    (a) Copies of the Public Papers of the Presidents of the United 
States will be made available to the following without charge:
    (1) Members of Congress. Each Senator and each Member of the House 
of Representatives will be provided with one copy of each annual 
publication published during the Member's term in office, in response 
to a written request to the Director.
    (2) Supreme Court. The Supreme Court will be provided with 1 copy 
of each publication in response to a written request to the Director.
    (3) Executive agencies. Each head of a Federal executive agency 
will be provided with one copy of each annual publication in response 
to a written request to the Director from the agency Federal Register 
authorizing officer, or the alternate, designated under Sec.  16.1 of 
this chapter.
    (b) Legislative, judicial, and executive agencies of the Federal 
Government may obtain additional copies, at cost, for official use, by 
submitting a printing and binding requisition to the Government 
Printing Office on Standard Form 1 before the press run.
    (c) After the press run, each request for extra copies must be 
addressed to the Superintendent of Documents, to be paid for by the 
agency making the request.

SUBCHAPTER E--PREPARATION, TRANSMITTAL, AND PROCESSING OF DOCUMENTS

0
9. Revise part 15 to read to read as follows:

PART 15--SERVICES TO FEDERAL AGENCIES

Sec.
15.1 Information services.
15.2 Staff assistance.
15.3 Information on drafting and publication.

    Authority:  44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.


Sec.  15.1  Information services.

    The Director of the Federal Register answers appropriate inquiries 
presented in person, by telephone, or in writing. Send written 
communications, including those involving the Administrative Committee, 
to the Director, Office of the Federal Register, National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, 
telephone number: 202-741-6000. For delivery by courier, send 
communications to 800 North Capitol Street NW., Suite 700, Washington 
DC 20002. Send emails to <a href="/cdn-cgi/l/email-protection#fec29fde968c9b98c3" http: fedreg.info">fedreg.info</a>@nara.gov">fedreg.info@nara.gov</a>.


Sec.  15.2  Staff assistance.

    The staff of the OFR provides informal assistance and advice to 
officials of the various agencies with respect to general or specific 
programs of regulatory drafting, procedures, and promulgation 
practices. Communications related to unpublished documents remain 
confidential under Sec.  17.1 of this chapter.


Sec.  15.3  Information on drafting and publication.

    (a) The Director may prepare and distribute to agencies information 
and instructions on drafting documents for publication.
    (b) The Director may develop and conduct programs of technical 
instruction.
0
10. Revise part 16 to read to read as follows:

PART 16--AGENCY REPRESENTATIVES

Sec.
16.1 Designation.
16.2 Liaison and COOP liaison duties.
16.3 Certifying duties.
16.4 Authorizing duties.

    Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.


Sec.  16.1  Designation.

    (a) Each agency must designate officers or employees of that agency 
to serve as Federal Register contacts. The same person may be 
designated to serve in one or more of these contact positions:
    (1) A liaison officer and at least one alternate.
    (2) A certifying officer and at least one alternate.
    (3) An authorizing officer and at least one alternate.
    (4) A COOP liaison officer and any alternates.
    (b) In choosing its liaison officer, each agency should consider 
that this officer will be the main contact between that agency and the 
OFR and that the liaison officer will be charged with the duties set 
forth in Sec.  16.2 of this part. The agency should choose a person who 
is directly involved in the agency's regulatory program.
    (c) Each agency must notify the Director of the name, title, 
mailing address, telephone number, and email address of each person it 
designates under this section. Each agency must promptly notify the 
Director of any changes.


Sec.  16.2  Liaison and COOP liaison duties.

    (a) Each agency liaison officer and alternate must:

[[Page 64143]]

    (1) Represent the agency in all matters relating to the submission 
of documents to the OFR, and respecting general compliance with this 
chapter;
    (2) Coordinate with their agency billing authority and ensure that 
the correct agency billing address code is included with each document 
submitted to the OFR for publication;
    (3) Be responsible for the effective distribution and use within 
the agency of Federal Register information on document drafting and 
publication assistance authorized by Sec.  15.3 of this chapter;
    (4) Promote the agency's participation in the technical instruction 
authorized by Sec.  15.3 of this chapter; and
    (5) Be available to discuss documents submitted for publication 
with the editors of the Federal Register.
    (b) For continuity of operations purposes, each agency must:
    (1) Provide the Director with the names of agency officials 
authorized to act as liaisons during an emergency (COOP liaisons); and
    (2) Ensure that the COOP liaisons designated under (b)(1) of this 
section know how to contact staff of the OFR and to draft and submit 
documents to the OFR.
    (i) During an emergency, COOP liaisons will be responsible for:
    (A) Certifying to OFR staff that documents in their possession are 
official agency actions, signed, and authorized for publication;
    (B) Maintaining custody of original documents, unedited or 
otherwise unchanged in a safe location during an emergency; and
    (C) Submitting original documents to the OFR as soon as practicable 
during an emergency.
    (ii) [Reserved]


Sec.  16.3  Certifying duties.

    The agency certifying officer is responsible for attaching the 
required number of true copies of each original document submitted by 
the agency to the OFR and for making the certification required by 
Sec.  18.6 of this chapter.


Sec.  16.4  Authorizing duties.

    The agency authorizing officer is responsible for furnishing to the 
Director a current mailing list of officers or employees of the agency 
who are authorized to receive the Federal Register and the Code of 
Federal Regulations.
0
11. Revise part 17 to read as follows:

PART 17--FILING FOR PUBLIC INSPECTION AND PUBLICATION SCHEDULES

Subpart A--Receipt and Processing
Sec.
17.1 Receipt and processing.
Subpart B--Regular Schedule
17.2 Procedure and timing for regular schedule.
Subpart C--Emergency Schedule
17.3 Criteria for emergency publication.
17.4 Procedure and timing for emergency publication.
17.5 Criteria for emergency filing for public inspection.
17.6 Procedure and timing for emergency filing for public 
inspection.
Subpart D--Deferred Schedule
17.7 Criteria for deferred schedule.

    Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.

Subpart A--Receipt and Processing


Sec.  17.1  Receipt and processing.

    (a) The OFR receives documents only during official business hours 
unless, in the judgment of the Director, the public interest is served 
by receiving a document at some other time.
    (b) Upon receipt, each document is held for confidential processing 
until it is filed for public inspection.

Subpart B--Regular Schedule


Sec.  17.2  Procedure and timing for regular schedule.

    (a) Each document received is filed for public inspection only 
after it has been received, processed, and assigned a publication date.
    (b)(1) Each document received by 2:00 p.m. that meets the 
requirements of this chapter will be assigned to the regular schedule. 
Unless the issuing agency makes special arrangements otherwise, or the 
OFR determines that the document requires a deferred schedule (see 
Sec.  17.7 of this part), we consider receipt of a document by 2:00 
p.m. to be a request for filing for public inspection and publication 
on the regular schedule.
    (2) Documents received after 2:00 p.m. that meet the requirements 
of this chapter will be assigned to the next Federal business day's 
regular schedule.
    (c) The regular schedule for filing for public inspection and 
publication is found in Table 1 of this section. Where a legal Federal 
holiday intervenes, one additional business day is added.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
        Received before 2:00 p.m.           Filed for public inspection                  Published
----------------------------------------------------------------------------------------------------------------
Monday...................................  Wednesday....................  Thursday.
Tuesday..................................  Thursday.....................  Friday.
Wednesday................................  Friday.......................  Monday.
Thursday.................................  Monday.......................  Tuesday.
Friday...................................  Tuesday......................  Wednesday.
----------------------------------------------------------------------------------------------------------------

Subpart C--Emergency Schedule


Sec.  17.3  Criteria for emergency publication.

    The emergency schedule is designed to provide the fastest possible 
publication of a document involving the prevention, alleviation, 
control, or relief of an emergency situation.


Sec.  17.4  Procedure and timing for emergency publication.

    (a)(1) Each agency requesting publication on the emergency schedule 
must briefly describe the emergency and the benefits to be attributed 
to immediate publication in the Federal Register.
    (2) The request must be made by letter to the Director.
    (b) The Director assigns a document to the emergency schedule 
whenever the Director agrees that there is a need for the document to 
publish outside of the regular publication schedule and it is feasible.
    (c) Each document assigned to the emergency schedule is published 
as soon as possible.
    (d) Each document assigned to the emergency schedule for 
publication will be filed for public inspection on the Federal business 
day before publication unless emergency filing for public inspection is 
also requested.


Sec.  17.5  Criteria for emergency filing for public inspection.

    (a) An agency may request emergency filing for public inspection 
for documents to be published under the regular, emergency, or deferred 
publication schedules.

[[Page 64144]]

    (b) Emergency filing for public inspection is considered a special 
arrangement under Sec.  17.2 of this part that results in deviation 
from the regular schedule for filing for public inspection.
    (c) A document receiving emergency filing for public inspection 
remains on public inspection until it is published according to the 
schedule for publication.


Sec.  17.6  Procedure and timing for emergency filing for public 
inspection.

    (a)(1) Each agency requesting emergency filing for public 
inspection must briefly describe the emergency and the benefits to be 
attributed to immediate public access.
    (2) The request must be made by letter to the Director.
    (b) The Director approves an emergency filing for public inspection 
request whenever the Director agrees with the need for that action and 
it is feasible.
    (c) Each document approved for emergency filing for public 
inspection is filed as soon as possible following processing and 
scheduling.

Subpart D--Deferred Schedule


Sec.  17.7  Criteria for deferred schedule.

    (a) OFR staff may assign a document to the deferred schedule when a 
document meets one of the following conditions:
    (1) Conditions exist that require extraordinary processing time. 
These conditions may exist if the document:
    (i) Is lengthy;
    (ii) Contains technical problems; or
    (iii) Contains unusual or lengthy tables, or illustrations; or
    (2) The issuing agency requests a deferred publication date.
    (b) OFR staff notifies the agency if its documents must be assigned 
to a deferred schedule.
0
12. Revise part 18 to read as follows:

PART 18--PREPARATION AND TRANSMITTAL OF DOCUMENTS GENERALLY

Sec.
18.1 Original and copies required.
18.2 Prohibition on combined category documents.
18.3 Submission of documents and letters of transmittal.
18.4 Form of document. 18.5 [Reserved]
18.6 Form of certification.
18.7 Signature.
18.8 [Reserved]
18.9 Style.
18.10 Illustrations, tabular material, and forms.
18.11 Required document headings.
18.12 Preamble requirements.
18.13 Withdrawal or correction of filed documents.
18.15 Correction of errors in printing.
18.16 Reinstatement of expired regulations.
18.17 Effective dates and time periods.
18.20 Identification of subjects in agency regulations.

    Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.


Sec.  18.1  Original and copies required.

    Each agency submitting a document to be filed and published in the 
Federal Register must submit:
    (a) An originally signed document; and
    (b) Two duplicate signed originals or two certified copies, unless 
submitted under the terms of Sec.  18.4(b) of this part.


Sec.  18.2  Prohibition on combined category documents.

    (a) The Director will not accept a document for filing and 
publication if it seeks to combine regulatory material that must appear 
under separate categories in the Federal Register, as set forth in 1 
CFR 5.9 of this chapter. For example, a document may not serve as both 
a rule and a notice of proposed rulemaking.
    (b) When two related documents are to be published in the same 
Federal Register issue, the agency may insert a cross-reference in each 
document.


Sec.  18.3  Submission of documents and letters of transmittal.

    (a) Each document authorized or required by law to be filed for 
public inspection with the OFR and published in the Federal Register 
must be sent to the Director.
    (b) A letter of transmittal is required in cases involving special 
handling or treatment of documents submitted for publication.


Sec.  18.4  Form of document.

    (a) A document in the form of a letter or press release will not be 
accepted for filing for public inspection or publication in the Rules 
and Regulations, Proposed Rules, Regulatory Notices, or Notices 
categories of the Federal Register.
    (b) Original documents submitted electronically and authenticated 
by digital signatures that are consistent with applicable Federal 
standards and OFR technical specifications may be accepted for 
publication.


Sec.  18.5  [Reserved]


Sec.  18.6  Form of certification.

    (a) Each paper copy of every document submitted for filing and 
publication under the terms of Sec.  18.1(b) of this part, except a 
Presidential document or a duplicate original, must be certified as 
follows:
(Certified to be a true copy of the original)

    (b) The certification must be signed by a certifying officer 
designated under Sec.  16.1 of this chapter.


Sec.  18.7  Signature.

    (a) The original and each duplicate original document must be 
signed in ink, with the name and title of the official signing the 
document typed or stamped beneath the signature.
    (b) Initialed or impressed signatures will not be accepted.
    (c) Documents submitted under Sec.  18.4(b) of this part may be 
authenticated as original documents by digital signatures.


Sec.  18.8  [Reserved]


Sec.  18.9  Style.

    Each document submitted by an agency for filing and publication 
should conform to the current edition of the U.S. Government Printing 
Office Style Manual in punctuation, capitalization, spelling, and other 
matters of style. The U.S. Government Printing Office Style Manual is 
available on the Government Printing Office's Web site.


Sec.  18.10  Illustrations, tabular material, and forms.

    (a) If it is necessary to publish a form or illustration, a clear 
and legible original form or illustration must be included in the 
original document and each certified copy.
    (b) A document that includes tabular material may be assigned to 
the deferred publication schedule. See Sec.  17.7 of this subchapter.


Sec.  18.11  Required document headings.

    (a) Each document submitted to the OFR must contain the following 
headings, when appropriate, on separate lines in the following order:
    (1) Agency name;
    (2) Subagency name;
    (3) Numerical references to the title and parts of the CFR 
affected;
    (4) Agency docket numbers and identification numbers in brackets 
(such as RINs), as applicable.
    (5) Central information system identification numbers, as 
applicable.
    (6) Brief subject heading describing the document.


Sec.  18.12  Preamble requirements.

    (a) All documents submitted for publication must include a preamble 
that will inform the reader, who is not an expert in the subject area, 
of the basis and purpose for the rule or proposal, or a basic 
explanation of the notice document.

[[Page 64145]]

    (b) The preamble must be in the following format and contain the 
following information:

AGENCY:----------------------------------------------------------------

(Name of issuing agency.)

ACTION:----------------------------------------------------------------

(Possible ACTION lines include: Notice, Advance notice of proposed 
rulemaking, Proposed rule, Rule, and Final rule.)

SUMMARY:---------------------------------------------------------------

(Brief statements, in simple language, describing the action being 
taken, the circumstances which created the need for the action, and the 
intended effect of the action.)

DATES:-----------------------------------------------------------------

    (Possible DATES include: Comments must be received on or before: _, 
Proposed effective date: _, Effective date: _, and Hearing: _.)

ADDRESSES--------------------------------------------------------------

(Any relevant addresses.)

FOR FURTHER INFORMATION CONTACT:---------------------------------------

(For Executive departments and agencies, the name, telephone number, 
and email address of a person in the agency to contact for additional 
information about the document.)

SUPPLEMENTARY INFORMATION:---------------------------------------------

    (c) The agency may include the following information in the 
supplementary information section of the preamble, as applicable:
    (1) A discussion of the background and major issues involved;
    (2) In the case of a final rule, any significant differences 
between it and the proposed rule;
    (3) A response to substantive public comments received;
    (4) Any other information the agency considers appropriate; and
    (5) Any determination or analysis required by law or order.


Sec.  18.13  Withdrawal or correction of filed documents.

    (a) Withdrawing documents. (1) A document that has been filed for 
public inspection with the OFR but not yet published may be withdrawn 
from publication by the submitting agency only when the agency 
certifies that withdrawal is necessary to address an emergency or avert 
a violation of law.
    (2) An agency requesting withdrawal of a document on file for 
public inspection must submit a timely letter signed by an authorized 
representative of the agency certifying that the withdrawal is 
necessary under paragraph (a)(1) of this section.
    (3) Agency requests for withdrawal of a document on file for public 
inspection will be accommodated only when the request does not impose a 
burden on the production of the daily Federal Register.
    (4) The originally-filed document will be removed from public 
inspection on the business day OFR receives the withdrawal letter.
    (5) The withdrawing letter will remain on file for public 
inspection through the date the document would have been published in 
the Federal Register.
    (6) The original document and the withdrawing letter will be 
retained by the OFR after the public inspection period expires.
    (b) Correcting documents. (1) A document that has been filed for 
public inspection with the OFR, but has not yet published, may be 
corrected only if the submitting agency certifies that correction is 
necessary to address an emergency or avert a violation of law.
    (2) An agency requesting corrections to a document on file for 
public inspection must submit a timely letter signed by an authorized 
representative of the agency certifying that the correction is 
necessary under paragraph (b)(1) of this section.
    (3) Agency correction requests will be accommodated only when the 
request does not impose a burden on the production of the daily Federal 
Register.
    (4) The originally-filed document will be removed from public 
inspection at the close of business the day OFR receives the letter 
requesting corrections.
    (5) The letter requesting corrections will remain on file for 
public inspection through the date the document publishes in the 
Federal Register.
    (6) The original document and the correcting letter will be 
retained by the OFR after the public inspection period expires.


Sec.  18.15  Correction of errors in printing.

    (a) Typographical or clerical errors made in the printing of the 
Federal Register will be corrected by insertion of an appropriate 
notation or a reprinting in the Federal Register published without 
further agency documentation, if the Director determines that:
    (1) The error would tend to confuse or mislead the reader; or
    (2) The error would affect text subject to codification.
    (b) The issuing agency must review published documents and notify 
the OFR of printing errors found in published documents.
    (c) If the error was in the document as submitted by the agency or 
certified electronic file submitted with the original document, the 
issuing agency must prepare and submit a correction document for 
publication in the Federal Register.


Sec.  18.16  Reinstatement of expired regulations.

    To reinstate expired regulations agencies must republish the 
regulations in full text in the Federal Register.


Sec.  18.17  Effective dates and time periods.

    (a) Each document submitted for publication in the Federal Register 
that includes an effective date or time period should either set forth 
a date certain or a time period measured by a certain number of days 
after publication in the Federal Register.
    (b) When a document sets forth a time period measured by a certain 
number of days after publication, OFR staff will compute the date to be 
inserted in the document as set forth in paragraph (c) of this section.
    (c) Dates will be computed by counting the day after the 
publication day as one, and by counting each succeeding day, including 
Saturdays, Sundays, and Federal holidays. Where the final count would 
fall on a Saturday, Sunday, or Federal holiday, the date certain will 
be the next Federal business day.
    (d) If an effective date depends on Congressional action, or if an 
act of Congress or a Federal court decision establishes or changes the 
effective date of an agency's rule, the issuing agency must promptly 
publish a document in the ``Rules and Regulations'' section of the 
Federal Register announcing the effective date.
    (e) To extend the effective period of a temporary rule, agencies 
must submit a document extending the effective date before the 
expiration of the original effective date.


Sec.  18.20  Identification of subjects in agency regulations.

    (a) Federal Register documents. Each agency that submits a document 
for publication in the Rules and Regulations section or the Proposed 
Rules section of the Federal Register must:
    (1) Include a list of index terms for each Code of Federal 
Regulations part affected by the document; and
    (2) Place the list of index terms as the last item in the 
Supplementary Information portion of the preamble for the document.
    (b) Federal Register Thesaurus. To prepare its list of index terms, 
each agency must use terms contained in the Federal Register Thesaurus 
of Indexing

[[Page 64146]]

Terms. Agencies may also include additional terms not contained in the 
Thesaurus as long as they are appropriate.
0
13. Revise part 19 to read as follows:

PART 19--EXECUTIVE ORDERS AND PRESIDENTIAL PROCLAMATIONS

Sec.
19.1 Form.
19.2 Routing and approval of drafts.
19.3 Routing and certification of originals and copies.
19.4 Proclamations calling for the observance of special days or 
events.
19.5 Proclamations of treaties excluded.
19.6 Definition.

    Authority: Secs. 1 to 6 of E.O. 11030, 27 FR 5847, 3 CFR, 1959-
1963 Comp., p. 610; E.O. 11354, 32 FR 7695, 3 CFR, 1966-1970 Comp., 
p. 652; and E.O. 12080, 43 FR 42235, 3 CFR, 1978 Comp., p. 224; E.O. 
12608, 52 FR 34617, 3 CFR, 1987 Comp., p. 245; E.O. 13403, 71 FR 
28543, 3 CFR, 2006 Comp., p. 228.


Sec.  19.1  Form.

    Proposed Executive orders and proclamations shall be prepared in 
accordance with the following requirements:
    (a) The order or proclamation shall be given a suitable title.
    (b) The order or proclamation shall contain a citation of the 
authority under which it is issued.
    (c) Punctuation, capitalization, spelling, and other matters of 
style shall, in general, conform to the most recent edition of the U.S. 
Government Printing Office Style Manual.
    (d) The spelling of geographic names shall conform to the decisions 
of the Board on Geographic Names, established by section 2 of the Act 
of July 25, 1947, 61 Stat. 456 (43 U.S.C. 364a).
    (e) Descriptions of tracts of land shall conform, so far as 
practicable, to the most recent edition of the ``Specifications for 
Descriptions of Tracts of Land for Use in Executive Orders and 
Proclamations,'' prepared by the Bureau of Land Management, Department 
of the Interior.
    (f) Proposed Executive orders and proclamations shall be prepared 
on paper approximately 8\1/2\ x 14 inches, shall have a left-hand 
margin of approximately 1 inch and a right-hand margin of approximately 
1 inch, and shall be double-spaced except that quotations, tabulations, 
and descriptions of land may be single-spaced.
    (g) Proclamations issued by the President shall conclude with the 
following-described recitation:
    IN WITNESS WHEREOF, I have hereunto set my hand this _ day of _--, 
in the year of our Lord _--, and of the Independence of the United 
States of America the _--.


Sec.  19.2  Routing and approval of drafts.

    (a) A proposed Executive order or proclamation shall first be 
submitted to the Director of the Office of Management and Budget, 
together with a letter, signed by the head or other properly authorized 
officer of the originating Federal agency, explaining the nature, 
purpose, background, and effect of the proposed Executive order or 
proclamation and its relationship, if any, to pertinent laws and other 
Executive orders or proclamations.
    (b) If the Director of the Office of Management and Budget approves 
the proposed Executive order or proclamation, he shall transmit it to 
the Attorney General for his consideration as to both form and 
legality.
    (c) If the proposed Executive order or proclamation is disapproved 
by the Director of the Office of Management and Budget or by the 
Attorney General, it shall not thereafter be presented to the President 
unless it is accompanied by a statement of the reasons for such 
disapproval.


Sec.  19.3  Routing and certification of originals and copies.

    (a) If the order or proclamation is signed by the President, the 
original and two copies shall be forwarded to the Director of the 
Federal Register for publication in the Federal Register.
    (b) The Office of the Federal Register shall cause to be placed 
upon the copies of all Executive orders and proclamations forwarded as 
provided in paragraph (a) of this section the following notation, to be 
signed by the Director or by some person authorized by him to sign such 
notation: ``Certified to be a true copy of the original.''


Sec.  19.4  Proclamations calling for the observance of special days or 
events.

    Except as may be otherwise provided by law, responsibility for the 
preparation and presentation of proposed proclamations calling for the 
observance of special days, or other periods of time, or events, shall 
be assigned by the Director of the Office of Management and Budget to 
such agencies as he may consider appropriate. Such proposed 
proclamations shall be submitted to the Director at least 60 days 
before the date of the specified observance. Notwithstanding the 
provisions of Sec.  19.2, the Director shall transmit any approved 
commemorative proclamations to the President.


Sec.  19.5  Proclamations of treaties excluded.

    Consonant with the provisions of chapter 15 of title 44 of the 
United States Code (44 U.S.C. 1511), nothing in these regulations shall 
be construed to apply to treaties, conventions, protocols, or other 
international agreements, or proclamations thereof by the President.


Sec.  19.6  Definition.

    The term ``Presidential proclamations and Executive orders,'' as 
used in chapter 15 of title 44 of the United States Code (44 U.S.C. 
1505(a)), shall, except as the President or his representative may 
hereafter otherwise direct, be deemed to include such attachments 
thereto as are referred to in the respective proclamations or orders.

PART 20--[REMOVED]

0
14. Remove part 20.
0
15. Revise part 21 to read as follows:

PART 21--PREPARATION OF DOCUMENTS FOR CODIFICATION

Subpart A--General
Sec.
21.1 Definitions.
21.2 Codification and amendatory language.
21.6 Notice of expiration of codified material.
21.7 Titles and subtitles.
21.8 Chapters and subchapters.
21.9 Parts, subparts, and undesignated center headings.
21.10 Sections and paragraphs.
21.11 Standard organization of the Code of Federal Regulations.
21.12 Reserving part or section numbers.
21.14 Deviations from standard organization of the Code of Federal 
Regulations.
21.16 Required document headings.
21.18 Tables of contents.
21.19 Composition of part headings.
21.20 Amendment drafting requirements.
21.21 Internal reference drafting requirements.
21.23 Cross-reference drafting requirements.
21.24 References to 1938 edition of Code of Federal Regulations.
21.30 Effective date statement.
21.35 OMB control numbers.
Subpart B--Citations of Authority
21.40 General authority citation requirements.
21.41 Agency responsibility.
21.42 Placing and amending authority citations.
21.43 Citation to statutory material.
21.44 Citation to nonstatutory materials.
21.45 Exceptions to placement and form.

    Authority:  44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.

[[Page 64147]]

Subpart A--General


Sec.  21.1  Definitions.

    As used in this part:
    Undesignated center heading means the heading given to a portion of 
text where the heading has no numerical designation or reference, and 
appears after the part heading to a group-related section.
    Words of issuance are the tie between the document and the CFR 
units affected and the bridge between the preamble of the document and 
the regulatory changes.


Sec.  21.2  Codification and amendatory language.

    (a) Each agency that prepares a document that is subject to 
codification must draft it as an amendment to the Code of Federal 
Regulations, in accordance with this subchapter, before submitting it 
to the OFR.
    (b) Each agency that prepares a document that is subject to 
codification must include words of issuance and amendatory language 
that precisely describe the relationship of the new provisions to the 
CFR.


Sec.  21.6  Notice of expiration of codified material.

    Whenever a codified regulation expires after a specified period by 
law or by court order, the issuing agency must submit a rule document 
for publication in the Federal Register removing the expired 
regulations.


Sec.  21.7  Titles and subtitles.

    (a) The major divisions of the CFR are titles, each of which brings 
together broadly related Government functions.
    (b)(1) Subtitles may be used to distinguish between materials 
emanating from an overall agency and the material issued by its various 
components.
    (2) Subtitles may also be used to group chapters within a title.


Sec.  21.8  Chapters and subchapters.

    (a) The normal divisions of a title are chapters, assigned to the 
various agencies within a title descriptive of the subject matter 
covered by the agencies' regulations.
    (b) Subchapters may be used to group related parts within a 
chapter.
    (c) Chapter and subchapter assignments are made by the OFR after 
agency consultation.


Sec.  21.9  Parts, subparts, and undesignated center headings.

    (a) The normal divisions of a chapter are parts, consisting of a 
unified body of regulations applying to a specific function or program 
of an issuing agency or devoted to specific subject matter under the 
control of that agency.
    (b)(1) Subparts or undesignated center headings may be used to 
group related sections within a part.
    (2) Undesignated center headings may also be used to group sections 
within a subpart.


Sec.  21.10  Sections and paragraphs.

    (a) The normal divisions of a part are sections. Sections are the 
basic units of the CFR.
    (b) A section may be divided into paragraphs. Paragraphs may be 
further subdivided using the system provided in Sec.  21.11 of this 
part.


Sec.  21.11  Standard organization of the Code of Federal Regulations.

    The standard organization consists of the following structural 
units:
    (a) Titles are numbered consecutively using Arabic numerals 
throughout the CFR;
    (b) Subtitles are lettered consecutively using capital letters 
throughout the title;
    (c) Chapters are numbered consecutively using capitalized Roman 
numerals throughout each title;
    (d) Subchapters are lettered consecutively using capital letters 
throughout the chapter;
    (e) Parts are numbered using Arabic numerals throughout each title;
    (f) Subparts are lettered using capital letters;
    (g)(1) Sections are numbered using Arabic numerals throughout each 
part.
    (2) A section number includes the number of the part followed by a 
period and the number of the section. For example, the section number 
for section 15 of part 21 is ``Sec.  21.15''; and
    (h) Paragraphs are designated as follows:
    (1) Level 1: (a), (b), (c), etc.
    (2) Level 2: (1), (2), (3), etc.
    (3) Level 3: (i), (ii), (iii), etc.
    (4) Level 4: (A), (B), (C), etc.


Sec.  21.12  Reserving part or section numbers.

    Chapters or structural units within chapters may be reserved to 
allow for expansion.


Sec.  21.14  Deviations from standard organization of the Code of 
Federal Regulations.

    (a) The Director may approve a deviation from standard Code of 
Federal Regulations designations.
    (b) Agencies must submit written requests for approval, along with 
a draft copy of the document, at least ten Federal business days before 
the agency intends to submit the document for publication.
    (c) The Director may allow section numbers to correspond to a 
particular numbering system requested by an agency only if the 
alternative numbering system will benefit the public.


Sec.  21.16  Required document headings.

    Each section in the regulatory text of the document must have a 
brief descriptive heading, preceding the text, on a separate line.


Sec.  21.18  Tables of contents.

    (a) A table of contents must be used at the beginning of the part 
whenever:
    (1) A new part is introduced;
    (2) An existing part is completely revised; or
    (3) A group of sections is revised or added and set forth as a 
subpart or otherwise separately grouped under a center head.
    (b) The table of contents follows the part heading before the text 
of the regulations in that part.
    (c) The table of contents lists the headings for the subparts, 
undesignated center headings, sections in the part, and appendix 
headings to the part and subpart, as applicable.


Sec.  21.19  Composition of part headings.

    (a) Each part heading indicates briefly the general subject matter 
of the part.
    (b) Phrases that are not descriptive of the subject matter, such as 
``Regulations under the Act of July 28, 1955'' or other expressions, 
may not be used.
    (c) Non-descriptive introductory expressions such as ``Regulations 
governing'' and ``Rules applicable to'' may not be used.


Sec.  21.20  Amendment drafting requirements.

    (a) Each document that amends or includes regulatory text that 
proposes to amend the CFR must identify in specific terms the unit 
amended and the extent of the changes made.
    (b) The number and heading of each section amended must be set 
forth in full on a separate line.


Sec.  21.21  Internal reference drafting requirements.

    (a)(1) Each reference to the Code of Federal Regulations must be in 
terms of the specific titles, chapters, parts, sections, and paragraphs 
involved.
    (2) Ambiguous references such as ``herein,'' ``above,'' ``below,'' 
``now,'' ``today,'' and similar expressions may not be used.
    (b) Each document that contains a reference to material published 
in the CFR must include the CFR citation as a part of the reference.


Sec.  21.23  Cross-reference drafting requirements.

    (a) Each agency publishes its own regulations in full text in the 
Code of Federal Regulations.

[[Page 64148]]

    (b) Cross-references to the regulations of another agency may not 
be used as a substitute for publication in full text, unless the OFR 
finds that the regulation meets any of the following exceptions:
    (1) The reference is required by court order, statute, Executive 
order or reorganization plan.
    (2) The reference is to regulations promulgated by an agency with 
the exclusive legal authority to regulate in a subject matter area, but 
the referencing agency needs to apply those regulations in its own 
programs.
    (3) The reference is informational or improves clarity rather than 
being regulatory.
    (4) The reference is to Federal agency-produced test methods or 
standards that have replaced or preempted private sector-produced 
voluntary test methods or consensus standards in a subject matter area 
and the referenced Federal agency test methods or standards are 
published in full in the CFR.
    (5) The reference is to the Department level from a subagency.


Sec.  21.24  References to 1938 edition of Code of Federal Regulations.

    When reference is made to material codified in the 1938 edition of 
the Code of Federal Regulations, or a supplement thereto, the following 
forms may be used, as appropriate:

_ CFR, 1938 Ed., _.
_ CFR, 1943, Cum. Supp., _.
_ CFR, 1946 Supp., _.


Sec.  21.30  Effective date statement.

    Each document subject to codification must include a clear 
statement as to the date or dates upon which its contents become 
effective following the procedures found in Sec.  18.17 of this 
subchapter.


Sec.  21.35  OMB control numbers.

    To display required OMB control numbers in agency regulations, 
those numbers must be placed parenthetically at the end of the section 
or displayed in a table or codified section.

Subpart B--Citations of Authority


Sec.  21.40  General authority citation requirements.

    (a) Each section subject to codification in a document must include 
a complete citation of the authority under which the section is issued, 
including:
    (1) General or specific authority delegated by statute; and
    (2) Executive delegations, if any, necessary to link the statutory 
authority to the issuing agency.
    (b) Formal citations of authority must be in the shortest citation 
format for easy reference.
    (c) The OFR will assist agencies in developing model citations.


Sec.  21.41  Agency responsibility.

    (a) Each issuing agency is responsible for the accuracy and 
integrity of the citations of authority in the documents it issues.
    (b) Each issuing agency must formally amend the citations of 
authority in its codified material to reflect any changes.


Sec.  21.42  Placing and amending authority citations.

    (a) The agency must publish a centralized authority citation in the 
CFR.
    (1) The authority citation must appear at the end of the table of 
contents for a part or after each subpart heading within the text of a 
part.
    (2) Citations of authority for particular sections may be specified 
within the centralized authority citation.
    (b) The requirements for placing authority citations in a document 
published in the Federal Register vary with the type of amendment the 
agency is making in a document. The agency must set out the full text 
of the authority citation for each part affected by the document.
    (1) If a document sets out an entire part of the CFR, the agency 
must place the complete authority citation directly after the table of 
contents and before the regulatory text.
    (2) If a document amends only certain sections within a CFR part, 
the agency must place the complete authority citation to this part as 
the first item in the list of amendments.
    (i) If the authority for issuing an amendment is the same as the 
authority listed for the whole part of the CFR, the agency must restate 
the authority.
    (ii) If the authority for issuing an amendment changes the 
authority citation for the whole part of the CFR, the agency must 
revise the authority citation in its entirety. The agency may specify 
the particular authority under which certain sections are amended in 
the revised authority citation.
    (c) Citation in the CFR to a nonstatutory document as authority 
must be placed after the statutory citations.


Sec.  21.43  Citation to statutory material.

    (a) United States Code. All citations to statutory authority must 
include a United States Code citation, where available. Citations to 
titles of the United States Code may be cited without Public Law or 
U.S. Statutes at Large citation. For example:

    Authority: 10 U.S.C. 501.

    (b) Public Laws and U.S. Statutes at Large. (1) Citations to Public 
Laws and U.S. Statutes at Large are optional when the United States 
Code is cited.
    (2) Citations to current Public Laws and to the U.S. Statutes at 
Large must refer to the section of the Public Law and the volume and 
page of the U.S. Statutes at Large to which they have been assigned. 
The page number must refer to the page on which the section cited 
begins. For example:

    Authority: Sec. 5, Pub. L. 89-670, 80 Stat. 935 (49 U.S.C. 
1654); sec. 313, Pub. L. 85-726, 72 Stat. 752 (49 U.S.C. 1354).


Sec.  21.44  Citation to nonstatutory materials.

    (a) Form. Nonstatutory documents must be cited by document 
designation and by Federal Register volume and page, followed, if 
possible, by the parallel citation to the Code of Federal Regulations. 
For example:

    Authority: Special Civil Air Reg. SR-422A, 28 FR 6703, 14 CFR 
part 4b; E.O. 11130, 28 FR 12789; 3 CFR 1959-1963 Comp.
    (b) Placement. Citation to a nonstatutory document as authority 
must be placed after the statutory citations. For example:

    Authority: Sec. 9, Pub. L. 89-670, 80 Stat. 944 (49 U.S.C. 
1657). E.O. 11222, 30 FR 6469, 3 CFR, 1965 Comp., p. 10.


Sec.  21.45  Exceptions to placement and form.

    The Director may make exceptions to the requirements of this 
subpart relating to placement and form of citations of authority.
0
16. Revise part 22 to read as follows:

PART 22--PREPARATION OF PROPOSED RULES

Sec.
 22.1 General requirements.
22.2 Code designation.
22.3 Proposed codification.

    Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.


Sec.  22.1  General requirements.

    Each proposed rule required by section 553 of title 5, United 
States Code, or any other statute, and any similar document voluntarily 
issued by an agency must include a statement of:
    (a) The time, place, and nature of public rulemaking proceedings; 
and
    (b) Reference to the authority under which the regulatory action is 
proposed.


Sec.  22.2  Code designation.

    The area of the Code of Federal Regulations directly affected by a 
proposed regulatory action must be identified by placing the 
appropriate Code citation immediately below the name of the issuing 
agency.

[[Page 64149]]

Sec.  22.3  Proposed codification.

    Any part of a proposed rule document that contains the full text of 
a proposed regulation must conform to part 21 of this subchapter, 
except for Sec.  21.30.
0
17. Add part 23 to read as follows:

PART 23--PREPARATION OF NOTICES AND REGULATORY NOTICES

Sec.
23.1 Exception to required document headings.
23.2 Authority citation.

    Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.


Sec.  23.1  Exception to required document headings.

    Documents are not required to have numerical references to the 
title and parts of the CFR affected.


Sec.  23.2  Authority citation.

    The authority under which an agency issues a notice must be cited 
in narrative form within text or in parentheses on a separate line 
following text.
0
18. Add part 24 to read as follows:

PART 24--HANDLING OF THE UNITED STATES GOVERNMENT MANUAL STATEMENTS

Sec.
24.1 Liaison officers.
24.2 Preparation of agency statements.
24.3 Information about an organization.
24.4 Description of program activities.
24.5 Sources of information.
24.6 Form, style, arrangement and apportionment of space.
24.7 Deadline dates.

    Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709; 3 
CFR, 1954-1958 Comp., p. 189.


Sec.  24.1  Liaison officers.

    (a) Each of the following must appoint an officer to maintain 
liaison with the OFR on matters relating to The United States 
Government Manual:
    (1) Agencies of the legislative and judicial branches.
    (2) Executive agencies that do not have a liaison officer 
designated under Sec.  16.1 of this chapter or who wish to appoint a 
liaison officer for Manual matters other than the one designated under 
such Sec.  16.1.
    (3) Quasi-official agencies represented in the Manual.
    (4) Any other agency that the Director believes should be included 
in the Manual.
    (b) Each liaison officer will ensure agency compliance with part 9 
of this chapter, and this part.


Sec.  24.2  Preparation of agency statements.

    In accordance with schedules established under Sec.  24.7 of this 
part, each agency must submit an official draft of the information 
required by Sec.  9.2 of this chapter and this part.


Sec.  24.3  Information about an organization.

    (a) Information about lines of authority and organization may be 
reflected in a chart if the chart clearly delineates the agency's 
organizational structure.
    (b) Listings of heads of operating units should be arranged 
whenever possible to reflect relationships between units.
    (c) Narrative descriptions of organizational structure or hierarchy 
that duplicate information conveyed by charts or by lists of officials 
will not be published in the Manual.


Sec.  24.4  Description of program activities.

    (a) Descriptions should clearly state the public purposes that the 
agency serves, and the programs that carry out those purposes.
    (b) Descriptions of the responsibilities of individuals or of 
administrative units common to most agencies will not be accepted for 
publication in the Manual.


Sec.  24.5  Sources of information.

    Each agency statement should include pertinent sources of 
information useful to the public, covering areas such as employment, 
consumer activities, contracts, services to small business, and other 
topics of public interest. These sources of information must plainly 
identify the places where the public may obtain information or make 
submittals or requests.


Sec.  24.6  Form, style, arrangement, and apportionment of space.

    (a) The Director determines the form, style, arrangement, and space 
apportionment of agency statements and other materials included in the 
Manual.
    (b) Agencies must use the U.S. Government Printing Office Style 
Manual to determine style.


Sec.  24.7  Deadline dates.

    Agencies must promptly notify the Director of major organizational 
changes and comply with periodic deadlines set by the OFR for agency 
statements, charts, and other materials to be included in the Manual. 
Failure to do so may result in publication of an outdated statement or 
the omission of important material.

    By Order of the Committee.
Charles A. Barth,
Secretary, Administrative Committee of the Federal Register.
[FR Doc. 2014-25520 Filed 10-27-14; 8:45 am]
BILLING CODE 1505-02-P


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