Federal Register - November 12, 1937
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Source: Federal Register
FEDERAL REGISTER, Friday, November 12, 1927
S ec. 3. Revisions.The complete revision or restatement of documents, either in their language or substance, is not necessarily contemplated, although agencies are free to do so provided such work may be completed and the revision made effective not later than June 1, 1938. On the other hand, portions of documents consisting of extensive quota tion of statutory provisions, with or without quotation marks, should be excluded.
S ec. 4. Completeness.Main emphasis should be laid upon completeness and accuracy rather than form, since the act requires a complete codification of all documents Sec.
11a of the act and obviously the omission of material which should be included will lessen the legal effect as well as the practical value of each codification and will prove confusing and embarrassing to the agency in its future work.
Sec. 5. Present general applicability and legal effect.
Each agency should keep constantly in mind the fact that the codifications are to include only documents which are I currently in force and effect and relied upon by the agency as authority for, or invoked or used by it in the discharge of, any of its functions or activities, and also II of general applicability and legal effect. W ithout attempting to set forth all applications of present general applicability and legal effect, the phrase means all docu ments 1 prescribing a penalty Sec. 5 a 3 of the act, conferring rights, privileges, authority, or immunities, or im posing obligations, and 2 currently relevant or applicable to the general public, the members of a class, or the persons of a locality, as distinguished from named individuals or organizations. In short, such documents must be of public as distinguished from private import, as generally exem plified in the classification of laws in the Statutes at Large into Public Laws and Private Laws, and in the regula tions approved by the President respecting the type of m at ter to be published in the Federal Register. More particu larly, the following types of documents require special treatment:
P ar. a. Internal administration. Those documents or parts of documents effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof shall not be included Cf. Sec. 5 a 1 of the a c t;
but documents or portions thereof prescribing intra-departmental procedure which the public should know or follow in dealing with an agency shall be included.
P ar. b. Administrative decisions.The decisions of execu tive or administrative agencies, made upon hearing or other wise and applicable only to named parties, unless also promulgated as formal and general rules, shall not be in cluded, although upon analogy with judicial decisions they may be said to form a body of rules or principles in which the public or a class may be interested.
P ar. c . Repealed or superseded matter. No obsolete, re pealed, or superseded matter should be included even though it might be called in question or become relevant in cases arising under past states of fact. In short, the term in force or effect and relied upon by the agency as authority for, or invoked by it in the discharge of, any of its functions or activities means present activities under the latest stat utes or regulations on the same subject matter. Thus, regu lations under old tax statutes should be excluded, except as they are applicable to current taxation.4
As the President has for purposes of the daily issues deter mined the classes of documents having general applicability and legal effect, the several agencies would in general be guided by that determination in selecting the kinds of material for inclu sion in the codification. House Report 478, 75 Cong. 1 Sess. See the last revision of Regulations Prescribed by the Administra tive Committee of the Federal Register with the Approval of the President, The National Archives Published in pamphlet form by the Government Printing Office and in the Federal Register for Jan. 12, 1937.
"Regulations, under acts of Congress which have been repealed or superseded, for instance, would presumably be found no longer to have general applicability, even though a few cases arising Under them still remain open. House Report 478, 75 Cong. 1 Sess.
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P a r . d. Documents referring to public lands.Where there tire masses of documents referring to public lands, the agency concerned should consult with representatives of the Board before attem pting a codification of such documents, in order that special rules may be formulated.
S ec. 6. Other information to be included.In addition to the text of all documents, each document, or section or para graph of the codification, should have noted at the bottom thereof the following:
P a r . a. Authority on which based.The authority statute, order, proclamation, or otherwise for the issuance of each document which is embodied in a section of the code shall be cited in parenthesis at the end of each section or paragraph.
This citation should include a the specific authorization, if any, for the issuance of regulations, and b if possible, the statutory provisions interpreted or applied by the section.
Citations, as nearly as possible, should be in the following form:
Statutes Sec. 6, 49 Stat. 501; 44 U. S. C. 306
Where statutes are cited, the United States Code citations should be given as well as the Statutes at Large. Only the section number and page or pages of the Statutes at Large on which the authority for the regulation appears should be given, rather than the first page of the statute or the chapter;
and in citing the United States Code, the 1934 edition should be used and only the title number and the section number and subsection number or letter, if any should be given, separated by U. S. C.
Proclamations.
Pres. Proc. 2256, Oct. 12, 1937.
Proc., Sec. Ag., April 3, 1936.
Executive orders.
Ex. Order 7298, Feb. 18, 1936.
Administrative orders.
Adm. Order 145, R. E. A., Oct. 5, 1937.
Treaty.
Par. 21, Art 22. General Radio Regulations annexed to International Telecommunication Convention, Proclaimed by President, June 27, 1934, 49 Stat. 2391.
P a r . b. Citation of sources.At the end of each section or paragraph, 1 the official designation or type of original document Executive Order, Administrative Order, Memo randum, Bulletin, etc. from which the text of section or paragraph originally formed a part and is taken, together with 2 the date of its adoption and 3 the title of the officer, board or commission issuing the same, unless the issuing agency is the same as the agency named in the Title 5 of the codification, and 4 the same information with respect to all amendments thereto, shall be cited in brackets immediately following the citations of authority on which the documents are basedin the following form:
Executive orders President.
Ex. Order 7298, Feb. 18, 1936.3
Regulations Veterans Administration and Bureau of In ternal Revenue.
Reg. R-1001 K , V. Ad., Oct. 14, 1937.3
Reg. 100, Art. 603, Bu. Int. Rev., Oct. 12, 1937.3
Bulletins Agricultural Adjustment Administration.
SR -Bull.-1, A. A. A., March 20, 1936.3
Orders Federal Communications Commission:
Order 17-A, F. C. C., Sept. 29, 1937.3
Rules Securities and Exchange Commission .
Rule 3D8, S. E. C., Oct. 4, 1937.3
Circulars Treasury.
Dept. Circ. 570, Sec. Treas., Oct. 11, 1937.3
P a r . c. Explanatory material or references.Any other material which the agency deems necessary by way of ex planation or reference may be submitted in the form of footnotes.
5 See Ch. HI, P u t B, Sec. 1, Par. 1, infra.