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REPRINT OF GENERAL PREFACE TO 1949 EDITION
AUTHORITY AND SCOPE
The Code of Federal Regulations, 1949 Edition, is prepared and published as a special edition of the Federal Register, dated January 1, 1949, by the Division of the Federal Register, the National Archives Establishment. The publication is made pursuant to Part 2 of the regulations of the Administrative Committee of the Federal Register, approved by the President October 11, 1948 (13 F. R. 5935; 1 CFR Part 2) under the authority contained in section 11 (d) of the Federal Register Act as amended (50 Stat. 305; 44 U. S. C. 311 (d)). Prior to the issuance of the foregoing regulations, the President specifically authorized and directed the publication of this edition by Executive Order No. 9930 of February 4, 1948 (13 F. R. 519; 3 CFR, 1948 Supp., p. 99) issued under section 11 (a) of the Federal Register Act as amended.
The contents of the Federal Register and the Code of Federal Regulations are by law prima facie evidence of the text of the original documents and are required to be judicialily noticed. (49 Stat. 502, 50 Stat. 304; 44 U. S. C. 307, 311 (c).)
This is the second edition of the Code of Federal Regulations. It consists essentially of selections from the first edition (June 1, 1938), from the supplements thereto, and from the daily issues of the Federal Register for the calendar year 1948. The bases for selection of a document for inclusion in this edition are that it be (1) applicable to the general public or to the members of a class thereof, (2) designed to implement, interpret, or prescribe law or policy or to describe procedure or practice requirements, (3) duly promulgated by a Federal administrative agency on or before December 31, 1948, and (4) effective as to facts or circumstances arising on or after January 1, 1949. It follows that reference should be made to the first edition as supplemented and amended in order to ascertain the Federal rules and regulations applicable to facts or circumstances which arose prior to January 1, 1949.
THE FEDERAL REGISTER SYSTEM
The Code of Federal Regulations, 1949 Edition, is an integral part of the system of centralized filing and publication of the Federal administrative materials contemplated by the Federal Register Act (supra), sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U. S. C. 1002, 1003), and related acts and Executive orders. This system now consists of (1) the Federal Register, (2) the United States Government Organization Manual, and (3) the Code of Federal Regulations.
THE FEDERAL REGISTER The Federal Register is issued daily, except Sundays, Mondays, and days following official Federal holidays, pursuant to Part 1 of the regulations of the Administrative Committee (13 F. R. 5929; 1 CFR Part 1) issued under the authority contained in section 6 of the Federal Register Act.
The daily issues of the Federal Register contain the full text of current documents arranged as follows: (1) Presidential Proclamations, Executive orders, and other Presidential documents; (2) documents amending or supplementing the Code of Federal Regulations; (3) notices of proposed rulemaking submitted under section 4 (a) of the Administrative Procedure Act; (4) statements of agency organization under section 3 (a) (1) of the Administrative Procedure Act, notices of administrative hearings, and similar non-regulatory documents of public interest.
The Federal Register is indexed daily, monthly, quarterly, and annually. Each index is followed by a codification guide consisting of a numerical list of the sections in the Code of Federal Regulations affected by documents keyed to the Code system and published during the period. The Federal Register thus serves as a daily supplement to the Code of Federal Regulations.
This publication is on newsprint and is not officially reprinted or bound in permanent form. However, the National Archives and Records Service, General Services Administration, Washington 25, D. C., is preparing an official microfilm edition which will be offered for sale to the public. Public sale of the regular edition is handled by the Superintendent of Documents, Government Printing Office, Washington 25, D. C.
UNITED STATES GOVERNMENT ORGANIZATION MANUAL The United States Government Organization Manual is published as a special edition of the Federal Register pursuant to Part 3 of the regulations of the Administrative Committee (13 F. R. 5935; 1 CFR Part 3) under the authority contained in section 6 of the Federal Register Act.
Section 3 (a) (1) of the Administrative Procedure Act requires that each agency shall separately state and currently publish in the Federal Register descriptions of the agency organization, delegations of final authority, and the established places at which and methods whereby the public may secure information or make submittals or requests. Official digests based on these statements form the main body of the United States Government Organization Manual.
In addition to the foregoing, the Manual contains brief descriptions of (1) the Congress, (2) agencies of the legislative and judicial branches, (3) the principal quasi-official agencies, (4) selected international organizations, (5) agencies terminated or transferred after March 4, 1933, and (6) governmental publications.
The Manual is published as a paper-bound handbook with appropriate indexes and ancillaries. Publication is made annually as a rule, but may be otherwise scheduled at the discretion of the Administrative Committee of the Federal Register. Public sale is handled by the Superintendent of Documents, Government Printing Office, Washington 25, D. C.
CODE OF FEDERAL REGULATIONS
Historical Note A brief statement of the background and development of the Code of Federal Regulations is contained in the preface to the first edition, which is reprinted infra at page xxii. The further development of the first edition and the background of the 1949 Edition is summarized in the following paragraphs.
The first edition of the Code was compiled as of June 1, 1938. The first supplement covered the remainder of the calendar year 1938. Subsequent separately bound supplements covered the calendar years 1939, 1940, and 1941 respectively. The 1938 Supplement consisted of one book, the 1939 Supplement of two books, and the 1940 and 1941 Supplements required four books each. No supplement was published for the calendar year 1942.
The national emergency preceding World War II and the war itself resulted in a notable increase in Federal administrative documents. Because of this volume of emergency material and the preoccupation of all agencies with the war effort, it was evident that the first recodification scheduled under the Federal Register Act for June 1, 1943 would be impracticable at that time. Section 11 of the act, as amended, was consequently further amended by the Act of December 10, 1942 (56 Stat. 1045; 44 U. S. C. 311a). This amendment provided that, instead of a new codification, there should be published a cumulative supplement prepared under the supervision of the Division of the Federal Register.
The Cumulative Supplement to the Code of Federal Regulations was compiled as of June 1, 1943. It presented in outline the same material that would have comprised the originally contemplated new edition of June 1, 1943. That is, through the media of tables of contents to the various titles, chapters, and parts, the Cumulative Supplement presented a codification of only such Federal administrative rules and regulations as were in force and effect on June 1, 1943. Where the effective text could be found in the original edition of June 1, 1938, such text was carried by reference to that edition. The Cumulative Supplement is therefore an adjunct to the original edition rather than a replacement thereof. It consists of ten volumes which are individually indexed. In general the component titles are treated as in the original edition.
During the war period it was found to be impracticable to codify the text of many rapidly changing and voluminous emergency controls. Documents of this nature were therefore tab ated rather than codified in the Cumulative Supplement and in the succeeding annual supplements issued in conjunction with the 1938 Edition. These supplements were issued as follows: 1943 (June-December), 2 books; 1944, 3 books; 1945, 4 books; 1946, 6 books; 1947, 5 books. No annual supplement was issued for the year 1948 because of the imminence of the new edition.
The 1949 Edition
As indicated above, the Act of December 10, 1942 suspended the operation of the first sentence of section 11 of the Federal Register Act as amended “until such time after the termination of the present war as the Administrative Committee of the Federal Register shall determine." Section 3 of the Act of July 25, 1947 (61 Stat. 451; 44 U. S. C. 311a, note) provided that in the interpretation of the said Act of December 10, 1942 the war should be deemed to be terminated. On November 12, 1947 the Administrative Committee of the Federal Register formally terminated the wartime suspension of the Code effective December 31, 1948, and recommended that the President authorize a new edition of the Code of Federal Regulations. The President subsequently issued Executive Order No. 9930 and approved the regulations of the Administrative Committee cited in the opening paragraph of this Preface. Acting pursuant to these documents, the Division of the Federal Register began the work of compiling and editing the 1949 Edition.
The pattern of the 1949 Edition substantially follows that of the original edition of June 1, 1938. The basic division of the Code is into 50 functional titles arranged in alphabetical order except for the first three titles. Titles may be subdivided into subtitles where appropriate. The basic subdivisions of the usual titles are chapters designated by the names of the agencies administering the programs involved. Chapters are normally divided into parts and sections. The number of each section includes, to the left of a decimal point, the number of the part in which it occurs. The section is thus the basic unit of the Code, and each section number is unique within any given title.
Citations of Source Documents and Rule-Making Authority Each section of the Code is accompanied by a citation of its source and a citation of the authority under which it was prescribed. Where a group of sections has a common source or a common authority, these citations are carried in brief notes at the beginning of the group. Where applicable to a single section, authority citations are placed in parentheses and source citations are placed in brackets following the text of the section. Such parentheses and brackets may also be used to indicate exceptions to or additions to the information contained in the authority or source note applicable to the group in which a given section appears.
The Federal Register is the source of most of the rules published in the Code. Usually, therefore, citations of source material consist of the Federal Register volume number, followed by the letters “F. R.", followed by the page number or numbers. In the rare instances in which the latest official publication of the text involved antedates the Federal Register, the citation of source is made to such earlier official publication.
The United States Statutes at Large and the United States Code are cited as authority for most of the rules published in the Code of Federal Regulations.
Usually, therefore, citations of authority consist of the volume and page of the Statutes followed by a semicolon, followed by the parallel title and section of the United States Code. These citations of legislative authority form the basis of Title 2 in the 1949 Edition.
Title 2-The Congress Title 2 consists of parallel tables designed to lead the user from a legislative proposition codified in the United States Code to the supplementary administrative material codified in the Code of Federal Regulations. This ancillary makes its first appearance in the 1949 Edition. These tables are kept current by means of annual pocket supplements.
Title 3—The President Title 3 proper does not contain the text of Presidential documents. As presented in the first edition of the Code of Federal Regulations and in this 1949 Edition, Title 3 proper consists of reference tables of Presidential documents cited as authority, cited as source, or otherwise included in the Code. These tables are designed to lead the user from a Presidential document to supplementary administrative material codified in the 1949 Edition of the Code. As in Title 2, these tables are kept current by means of annual pocket supplements.
As indicated by the foregoing, the text of Presidential documents is not codified. The full text of such documents is published only in the daily issues of the Federal Register and is reprinted in the various supplements to Title 3. This series of reprints began with Proclamation No. 2287 of June 6, 1938, and Executive Order No. 7906 of the same date. The series was cumulated as of June 1, 1943 in Book 1 of the Cumulative Supplement to the Code of Federal Regulations (1938 Edition). The entire series of reprints, as of December 31, 1947, is encompassed in the following volumes issued in conjunction with the 1938 Edition:
1. Title 3, Book 1, Cumulative Supplement.
2. Title 3, Book 1 of each anual supplement (1943 through 1947). The series is continued in conjunction with the 1949 Edition in the separately bound “1948 Supplement to Title 3" and the subsequent separately bound annual supplements to Title 3.
Pocket Supplements Each book of the 1949 Edition is furnished with a pocket for the insertion of supplements. The Pocket Supplements are published annually, and are designed to cumulate the effective text of changes and amendments until such time as it may become necessary to revise and republish the entire book.
The Pocket Supplements to the 1949 Edition differ from the Annual Supplements to the 1938 Edition in that they show in full text the status of the 1949 Edition only as of the end of the calendar year covered, whereas the Annual Supplements to the 1938 Edition carried the full text of all changes issued during the year. In the Pocket Supplements two devices enable the user to determine the text in effect on a given date: (1) historical notes, and (2) the “List of Sections Affected" which is printed at the end of each Pocket Supplement.
The historical notes are entitled "Prior Amendments.” They contain the Federal Register citations of text which was in effect during some portion of the time between January 1, 1949, and the cut off date of the Pocket Supplement, but which is no longer in effect on the latter date. These notes are used wherever the existence of prior amendments may not readily be inferred by inspection of the source and codification notes. From time to time, as the Pocket Supplements are cumulated or republished, the historical notes will be consolidated to form a permanent record of amendments which had been in effect during any portion of the period covered by the 1949 Edition.