[Title 1 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 1

General Provisions

                         Revised as of January 1, 2016

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2016
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

          U.S. GOVERNMENT OFFICIAL EDITION NOTICE

          Legal Status and Use of Seals and Logos
          
          
          The seal of the National Archives and Records Administration 
              (NARA) authenticates the Code of Federal Regulations (CFR) as 
              the official codification of Federal regulations established 
              under the Federal Register Act. Under the provisions of 44 
              U.S.C. 1507, the contents of the CFR, a special edition of the 
              Federal Register, shall be judicially noticed. The CFR is 
              prima facie evidence of the original documents published in 
              the Federal Register (44 U.S.C. 1510).

          It is prohibited to use NARA's official seal and the stylized Code 
              of Federal Regulations logo on any republication of this 
              material without the express, written permission of the 
              Archivist of the United States or the Archivist's designee. 
              Any person using NARA's official seals and logos in a manner 
              inconsistent with the provisions of 36 CFR part 1200 is 
              subject to the penalties specified in 18 U.S.C. 506, 701, and 
              1017.

          Use of ISBN Prefix

          This is the Official U.S. Government edition of this publication 
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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 1:
          Chapter I--Administrative Committee of the Federal 
          Register                                                   3
          Chapter II--Office of the Federal Register                35
          Chapter III--Administrative Conference of the United 
          States                                                    41
          Chapter IV--Miscellaneous Agencies                        63
  Finding Aids:
      Table of CFR Titles and Chapters........................      97
      Alphabetical List of Agencies Appearing in the CFR......     117
      List of CFR Sections Affected...........................     127

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 1 CFR 1.1 refers to 
                       title 1, part 1, section 
                       1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2016), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, 
or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail [email protected].

SALES

    The Government Publishing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll-free, 
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2104, 24 hours a day. For payment by check, 
write to: US Government Publishing Office - New Orders, P.O. Box 979050, 
St. Louis, MO 63197-9000.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers of the Presidents of the United 
States, Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format via www.ofr.gov. For more 
information, contact the GPO Customer Contact Center, U.S. Government 
Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-
mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal-
register.
    The e-CFR is a regularly updated, unofficial editorial compilation 
of CFR material and Federal Register amendments, produced by the Office 
of the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    January 1, 2016.







[[Page ix]]



                               THIS TITLE

    Title 1--General Provisions is composed of one volume. This volume 
is comprised of Chapter I--Administrative Committee of the Federal 
Register, Chapter II--Office of the Federal Register, Chapter III--
Administrative Conference of the United States, and Chapter IV--
Miscellaneous Agencies. The contents of this volume represents all 
current regulations codified under this title of the CFR as of January 
1, 2016.

    Chapter IV contains the current Privacy Act, Freedom of Information 
Act, and Rehabilitation Act regulations issued by miscellaneous 
agencies.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                       TITLE 1--GENERAL PROVISIONS




  --------------------------------------------------------------------
                                                                    Part

chapter i--Administrative Committee of the Federal Register.           1

chapter ii--Office of the Federal Register..................          51

chapter iii--Administrative Conference of the United States.         301

chapter iv--Miscellaneous Agencies..........................         425

[[Page 3]]



       CHAPTER I--ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER




  --------------------------------------------------------------------

                          SUBCHAPTER A--GENERAL
Part                                                                Page
1               Definitions.................................           5
2               General information.........................           5
3               Services to the public......................           6
                   SUBCHAPTER B--THE FEDERAL REGISTER
5               General.....................................           8
6               Indexes and ancillaries.....................           9
         SUBCHAPTER C--SPECIAL EDITIONS OF THE FEDERAL REGISTER
8               Code of Federal Regulations.................          11
9               The United States Government Manual.........          12
10              Presidential Papers.........................          13
      SUBCHAPTER D--AVAILABILITY OF OFFICE OF THE FEDERAL REGISTER 
                              PUBLICATIONS
11              Subscriptions...............................          15
12              Official distribution within Federal 
                    Government..............................          16
   SUBCHAPTER E--PREPARATION, TRANSMITTAL, AND PROCESSING OF DOCUMENTS
15              Services to Federal agencies................          19
16              Agency representatives......................          19
17              Filing for public inspection and publication 
                    schedules...............................          20
18              Preparation and transmittal of documents 
                    generally...............................          22
19              Executive orders and Presidential 
                    proclamations...........................          25
20              Handling of The United States Government 
                    Manual statements.......................          26
21              Preparation of documents subject to 
                    codification............................          28
22              Preparation of notices and proposed rules...          32
23-49

[Reserved]

[[Page 5]]



                          SUBCHAPTER A_GENERAL





PART 1_DEFINITIONS--Table of Contents



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



Sec. 1.1  Definitions.

    As used in this chapter, unless the context requires otherwise--
    Administrative Committee means the Administrative Committee of the 
Federal Register established under section 1506 of title 44, United 
States Code;
    Agency means each authority, whether or not within or subject to 
review by another agency, of the United States, other than the Congress, 
the courts, the District of Columbia, the Commonwealth of Puerto Rico, 
and the territories and possessions of the United States;
    Document includes any Presidential proclamation or Executive order, 
and any rule, regulation, order, certificate, code of fair competition, 
license, notice, or similar instrument issued, prescribed, or 
promulgated by an 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; and
    Filing means making a document available for public inspection at 
the Office of the Federal Register during official business hours. A 
document is filed only after it has been received, processed and 
assigned a publication date according to the schedule in part 17 of this 
chapter.
    Regulation and rule have the same meaning.

[37 FR 23603, Nov. 4, 1972, as amended at 50 FR 12466, Mar. 28, 1985]



PART 2_GENERAL INFORMATION--Table of Contents



Sec.
2.1 Scope and purpose.
2.2 Administrative Committee of the Federal Register.
2.3 Office of the Federal Register; location; office hours.
2.4 General authority of Director.
2.5 Publication of statutes, regulations, and related documents.
2.6 Unrestricted 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; 1 U.S.C. 113.

    Source: 37 FR 23603, Nov. 4, 1972, unless otherwise noted.



Sec. 2.1  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 under chapter 15 of 
title 44, United States Code.
    (b) A primary purpose of this chapter is to inform the public of the 
nature and uses of Federal Register publications.



Sec. 2.2  Administrative Committee of the Federal Register.

    (a) The Administrative Committee of the Federal Register is 
established by section 1506 of title 44, United States Code.
    (b) The Committee consists of--
    (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.
    (c) The Director of the Federal Register is the Secretary of the 
Committee.
    (d) Any material required by law to be filed with the Committee, and 
any correspondence, inquiries, or other material intended for the 
Committee or which relate to Federal Register publications shall be sent 
to the Director of the Federal Register.

[[Page 6]]



Sec. 2.3  Office of the Federal Register; location; office hours.

    (a) The Office of the Federal Register is a component of the 
National Archives and Records Administration.
    (b) The Office is located at 800 North Capitol, NW., suite 700, 
Washington, DC.
    (c) The mailing address is: Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
    (d) Office hours are 8:45 a.m. to 5:15 p.m., Monday through Friday, 
except for official Federal holidays.

[37 FR 23603, Nov. 4, 1972, as amended at 54 FR 9676, Mar. 7, 1989; 57 
FR 40024, Sept. 1, 1992]



Sec. 2.4  General authority of Director.

    (a) The Director of the Federal Register is delegated authority to 
administer generally this chapter, the related provisions of chapter 15 
of title 44, United States Code, and the pertinent provisions of 
statutes and regulations contemplated by section 1505 of title 44, 
United States Code.
    (b) The Director may return to the issuing agency any document 
submitted for publication in the Federal Register, or a special edition 
thereof, if in the Director's judgment the document does not meet the 
minimum requirements of this chapter.

[37 FR 23603, Nov. 4, 1972, as amended at 54 FR 9676, Mar. 7, 1989]



Sec. 2.5  Publication of statutes, regulations, and related documents.

    (a) The Director of the Federal Register is responsible for the 
central filing of the original acts enacted by Congress and the original 
documents containing Executive orders and proclamations of the 
President, other Presidential documents, regulations, and notices of 
proposed rulemaking and other notices, submitted to the Director by 
officials of the executive branch of the Federal Government.
    (b) Based on the acts and documents filed under paragraph (a) of 
this section, the Office of the Federal Register publishes the ``slip 
laws,'' the ``United States Statutes at Large,'' the daily Federal 
Register and the ``Code of Federal Regulations.''
    (c) Based on source materials that are officially related to the 
acts and documents filed under paragraph (a) of this section, the Office 
also publishes ``The United States Government Manual,'' the ``Public 
Papers of the Presidents of the United States,'' the ``Daily Compilation 
of Presidential Documents,'' the ``Federal Register Index,'' and the 
``LSA (List of CFR Sections Affected).''

[37 FR 23603, Nov. 4, 1972, as amended at 54 FR 9676, Mar. 7, 1989; 74 
FR 3952, Jan. 21, 2009]



Sec. 2.6  Unrestricted use.

    Any person may reproduce or republish, without restriction, any 
material appearing in any regular or special edition of the Federal 
Register.



PART 3_SERVICES TO THE PUBLIC--Table of Contents



Sec.
3.1 Information services.
3.2 Public inspection of documents.
3.3 Reproduction and certification of copies of acts and documents.

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

    Source: 37 FR 23604, Nov. 4, 1972, unless otherwise noted.



Sec. 3.1  Information services.

    Except in cases where the time required would be excessive, 
information concerning the publications described in Sec. 2.5 of this 
chapter and the original acts and documents filed with the Office of the 
Federal Register is provided by the staff of that Office. However, the 
staff may not summarize or interpret substantive text of any act or 
document.



Sec. 3.2  Public inspection of documents.

    (a) Documents filed with the Office of the Federal Register pursuant 
to law are available for public inspection at 800 North Capitol Street, 
NW., suite 700, Washington, DC, during the Office of the Federal 
Register office hours. There are no formal inspection procedures or 
requirements.

[[Page 7]]

    (b) The Director of the Federal Register shall cause each document 
received by the office to be filed for public inspection not later than 
the working day preceding the publication day for that document.
    (c) The Director shall cause to be placed on the original and 
certified copies of each document a notation of the day and hour when it 
was filed and made available for public inspection.
    (d) Photocopies of documents or excerpts may be made at the 
inspection desk.

[37 FR 23604, Nov. 4, 1972, as amended at 54 FR 9676, Mar. 7, 1989; 57 
FR 40025, Sept. 1, 1992]



Sec. 3.3  Reproduction and certification of copies of acts and documents.

    The regulations for the public use of records in the National 
Archives (36 CFR parts 1252-1258) govern the furnishing of reproductions 
of acts and documents and certificates of authentication for them. 
Section 1258.14 of those regulations provides for the advance payment of 
appropriate fees for reproduction services and for certifying 
reproductions.

[51 FR 27017, July 29, 1986, as amended at 54 FR 9676, Mar. 7, 1989]

[[Page 8]]



                    SUBCHAPTER B_THE FEDERAL REGISTER





PART 5_GENERAL--Table of Contents



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 Delivery and mailing.
5.8 Form of citation.
5.9 Categories of documents.
5.10 Forms of publication.

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

    Source: 37 FR 23604, Nov. 4, 1972, unless otherwise noted.



Sec. 5.1  Publication policy.

    (a) Pursuant to chapter 15 of title 44, United States Code, and this 
chapter, the Director of the Federal Register shall publish 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 therein by law.
    (3) Documents accepted for publication under Sec. 5.3.
    (b) Each document required or authorized to be filed for publication 
shall be published in the Federal Register as promptly as possible, 
within limitations imposed by considerations of accuracy, usability, and 
reasonable costs.
    (c) In prescribing regulations governing headings, preambles, 
effective dates, authority citations, and similar matters of form, the 
Administrative Committee does not intend to affect the 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 submits for 
publication or orders to be published.
    (b) Each document or class of documents required to be published by 
act of Congress.
    (c) Each document having general applicability and legal effect.

[37 FR 23604, Nov. 4, 1972, as amended at 54 FR 9676, Mar. 7, 1989]



Sec. 5.3  Publication of other documents.

    Whenever the Director of the Federal Register considers that 
publication of a document not covered by Sec. 5.2 would be in the 
public interest, 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.

[54 FR 9676, Mar. 7, 1989]



Sec. 5.4  Publication not authorized.

    (a) Chapter 15 of title 44, United States Code, does not apply to 
treaties, conventions, protocols, or other international agreements, or 
proclamations thereof by the President.
    (b) Chapter 15 of title 44, United States Code, prohibits the 
publication in the Federal Register of comments or news items.
    (c) The Director of the Federal Register may not accept any document 
for filing and publication unless it is the official action of the 
agency concerned. Chapter 15 of title 44, United States Code, does not 
authorize or require the filing and publication of other papers from an 
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 shall be keyed to the Code of Federal 
Regulations.

[[Page 9]]



Sec. 5.6  Daily publication.

    There shall be an edition of the Federal Register published for each 
official Federal working day.

[54 FR 9676, Mar. 7, 1989]



Sec. 5.7  Delivery and mailing.

    The Government Printing Office shall distribute the Federal Register 
by delivery or by deposit at a post office at or before 9 a.m. on the 
publication day, except that each Federal Register dated for a Monday 
shall be deposited at a post office at or before 9 a.m. on the preceding 
Saturday.



Sec. 5.8  Form of citation.

    Without prejudice to any other form of citation, Federal Register 
material may be cited by volume and page number, and the short form 
``FR'' may be used for ``Federal Register''. For example, ``37 FR 6803'' 
refers to material beginning on page 6803 of volume 37 of the daily 
issues.



Sec. 5.9  Categories of documents.

    Each document published in the Federal Register shall be placed 
under one of the following categories, as indicated:
    (a) The President. This category contains each Executive order or 
Presidential proclamation and each other Presidential document that the 
President submits for publication or orders to be published.
    (b) Rules and regulations. This category contains each document 
having general applicability and legal effect, except those covered by 
paragraph (a) of this section. This category includes documents subject 
to codification, general policy statements concerning regulations, 
interpretations of agency regulations, statements of organization and 
function, and documents that affect other documents previously published 
in the rules and regulations section.
    (c) Proposed rules. This category contains each notice of proposed 
rulemaking submitted pursuant to section 553 of title 5, United States 
Code, or any other law, which if promulgated as a rule, would have 
general applicability and legal effect. This category includes documents 
that suggest changes to regulations in the Code of Federal Regulations, 
begin a rulemaking proceeding, and affect or relate to other documents 
previously published in the proposed rules section.
    (d) Notices. This category contains miscellaneous documents 
applicable to the public and not covered by paragraphs (a), (b), and (c) 
of this section. This category includes announcements of meetings and 
other information of public interest.

[37 FR 23604, Nov. 4, 1972, as amended at 54 FR 9676, Mar. 7, 1989]



Sec. 5.10  Forms of publication.

    Pursuant to section 1506 of title 44, United States Code, the 
Administrative Committee publishes the Federal Register in the following 
formats: paper; microfiche; and online on GPO Access (44 U.S.C. 4101).

[61 FR 68118, Dec. 27, 1996]



PART 6_INDEXES AND ANCILLARIES--Table of Contents



Sec.
6.1 Index to daily issues.
6.2 Analytical subject indexes.
6.3 Daily lists of parts affected.
6.4 Monthly list of sections affected.
6.5 Indexes, digests, and guides.

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

    Source: 37 FR 23605, Nov. 4, 1972, unless otherwise noted.



Sec. 6.1  Index to daily issues.

    Each daily issue of the Federal Register shall be appropriately 
indexed.



Sec. 6.2  Analytical subject indexes.

    Analytical subject indexes covering the contents of the Federal 
Register shall be published as currently as practicable and shall be 
cumulated and separately published at least once each calendar year.



Sec. 6.3  Daily lists of parts affected.

    (a) Each daily issue of the Federal Register shall carry a numerical 
list of the parts of the Code of Federal Regulations specifically 
affected by documents published in that issue.
    (b) Beginning with the second issue of each month, each daily issue 
shall

[[Page 10]]

also carry a cumulated list of the parts affected by documents published 
during that month.



Sec. 6.4  Monthly list of sections affected.

    A monthly list of sections of the Code of Federal Regulations 
affected shall be separately published on a cumulative basis during each 
calendar year. The list shall identify the sections of the Code 
specifically affected by documents published in the Federal Register 
during the period it covers.



Sec. 6.5  Indexes, digests, and guides.

    (a) The Director of the Federal Register may order the preparation 
and publication of indexes, digests, and similar guides, based on laws, 
Presidential documents, regulatory documents, and notice materials 
published by the Office, which will serve users of the Federal Register. 
Indexes, digests, and similar guides will be published yearly or at 
other intervals as necessary to keep them current and useful.
    (b) Each index, digest, and guide is considered to be a special 
edition of the Federal Register whenever the public need requires 
special printing or special binding in substantial numbers.

[54 FR 9676, Mar. 7, 1989]

[[Page 11]]



          SUBCHAPTER C_SPECIAL EDITIONS OF THE FEDERAL REGISTER





PART 8_CODE OF FEDERAL REGULATIONS--Table of Contents



Sec.
8.1 Policy.
8.2 Orderly development.
8.3 Periodic updating.
8.4 Indexes.
8.5 Ancillaries.
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.

    Source: 37 FR 23605, Nov. 4, 1972, unless otherwise noted.



Sec. 8.1  Policy.

    (a) Pursuant to chapter 15 of title 44, United States Code, the 
Director of the Federal Register shall publish periodically a special 
edition of the Federal Register to present a compact and practical code 
called the ``Code of Federal Regulations'', to contain each Federal 
regulation of general applicability and legal effect.
    (b) The Administrative Committee intends that every practical means 
be used to keep the Code as current and readily usable as possible, 
within limitations imposed by dependability and reasonable costs.

[37 FR 23605, Nov. 4, 1972, as amended at 54 FR 9677, Mar. 7, 1989]



Sec. 8.2  Orderly development.

    To assure orderly development of the Code of Federal Regulations 
along practical lines, the Director of the Federal Register may 
establish new titles in the Code and rearrange existing titles and 
subordinate assignments. However, before taking an action under this 
section, the Director shall consult with each agency directly affected 
by the proposed change.



Sec. 8.3  Periodic updating.

    (a) Criteria. Each book of the Code shall be updated at least once 
each calendar year. If no change in its contents has occurred during the 
year, a simple notation to that effect may serve as the supplement for 
that year. More frequent updating of any unit of the Code may be made 
whenever the Director of the Federal Register determines that the 
content of the unit has been substantially superseded or otherwise 
determines that such action would be consistent with the intent and 
purpose of the Administrative Committee as stated in Sec. 8.1.
    (b) Staggered publication. The Code will be produced over a 12-month 
period under a staggered publication system to be determined by the 
Director of the Federal Register.
    (c) Cutoff dates. Each updated title of the Code will reflect each 
amendment to that title published as a codified regulation in the 
Federal Register on or before the ``As of'' date. Thus, each title 
updated as of July 1 each year will reflect all amendatory documents 
appearing in the daily Federal Register on or before July 1.

[37 FR 23605, Nov. 4, 1972, as amended at 54 FR 9677, Mar. 7, 1989]



Sec. 8.4  Indexes.

    A subject index to the entire Code shall be annually revised and 
separately published. An agency-prepared index for any individual book 
may be published with the approval of the Director of the Federal 
Register.



Sec. 8.5  Ancillaries.

    The Code shall provide, among others, the following-described 
finding aids:
    (a) Parallel tables of statutory authorities and rules. In the Code 
of Federal Regulations Index or at such other place as the Director of 
the Federal Register considers appropriate, numerical lists of all 
sections of the current edition of the United States Code (except 
section 301 of title 5) which are cited by issuing agencies as 
rulemaking authority for currently effective regulations in the Code of 
Federal Regulations. The lists shall be arranged in the order of the 
titles and sections of the United States Code with

[[Page 12]]

parallel citations to the pertinent titles and parts of the Code of 
Federal Regulations.
    (b) Parallel tables of Presidential documents and agency rules. In 
the Code of Federal Regulations Index, or at such other place as the 
Director of the Federal Register considers appropriate, tables of 
proclamations, Executive orders, and similar Presidential documents 
which are cited as rulemaking authority in currently effective 
regulations in the Code of Federal Regulations.
    (c) List of CFR sections affected. Following the text of each Code 
of Federal Regulations volume, a numerical list of sections which are 
affected by documents published in the Federal Register. (Separate 
volumes, ``List of Sections Affected, 1949-1963'' and ``List of CFR 
Sections Affected, 1964-1972'', list all sections of the Code which have 
been affected by documents published during the period January 1, 1949, 
to December 31, 1963, and January 1, 1964, to December 31, 1972, 
respectively.) \1\ Listings shall refer to Federal Register pages and 
shall be designed to enable the user of the Code to find the precise 
text that was in effect on a given date in the period covered.
---------------------------------------------------------------------------

    \1\ A three volume set, ``List of CFR Sections Affected, 1973-
1985'', lists all sections of the Code which have been affected during 
the period January 1, 1973 to December 31, 1985.

[37 FR 23605, Nov. 4, 1972, as amended at 54 FR 9677, Mar. 7, 1989]



Sec. 8.6  Forms of publication.

    (a) Under section 1506 of title 44, United States Code, the 
Administrative Committee authorizes publication of the Code of Federal 
Regulations in the following formats:
    (1) Paper;
    (2) Microfiche; and
    (3) Online on GPO Access (44 US.C. 4101).
    (b) The Director of the Federal Register is authorized to regulate 
the format of the Code of Federal Regulations according to the needs of 
users and compatibility with the facilities of the Government Printing 
Office. The Director may provide for the Code of Federal Regulations to 
be printed in as many separately bound books as necessary, set 
requirements for microfiche images, and oversee the organization and 
means of access to material in the online edition.

[65 FR 8843, Feb. 23, 2000]



Sec. 8.7  Agency cooperation.

    Each agency shall cooperate in keeping publication of the Code 
current by complying promptly with deadlines set by the Director of the 
Federal Register and the Public Printer.



Sec. 8.9  Form of citation.

    The Code of Federal Regulations may be cited by title and section, 
and the short form ``CFR'' may be used for ``Code of Federal 
Regulations.'' For example, ``1 CFR 10.2'' refers to title 1, Code of 
Federal Regulations, part 10, section 2.



PART 9_THE UNITED STATES GOVERNMENT MANUAL--Table of Contents



Sec.
9.1 Publication required.
9.2 Scope.

    Authority: 5 U.S.C. 552; 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 
2709; 3 CFR, 1954-1958 Comp., p. 189.

    Source: 76 FR 6312, Feb. 4, 2011, unless otherwise noted.



Sec. 9.1  Publication required.

    (a) The Director publishes a special edition of the Federal Register 
called ``The United States Government Manual'' as authorized by the 
Administrative Committee.
    (b) The Director may update the Manual when such supplementation is 
considered to be in the public interest.



Sec. 9.2  Scope.

    (a) The Manual will contain appropriate information about the 
Executive, Legislative, and Judicial branches of the Federal Government, 
which for the major Executive agencies will include--
    (1) Descriptions of the agency's legal authorities, public purposes, 
programs, and functions;
    (2) Established places and methods whereby the public may obtain 
information and make submittals or requests; and

[[Page 13]]

    (3) Lists of officials heading major operating units.
    (b) The Manual will also contain brief information about quasi-
official agencies and supplemental information that, in the opinion of 
the Director, is of enough public interest to warrant.



PART 10_PRESIDENTIAL PAPERS--Table of Contents



                      Subpart A_Regular Publication

Sec.
10.1 Publication required.
10.2 Scope and sources.
10.3 Format.

                      Subpart B_Annual Publication

10.10 Publication required.
10.11 Scope and sources.
10.12 Format, indexes, and ancillaries.
10.13 Coverage of prior years.

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

    Source: 50 FR 12467, Mar. 28, 1985, unless otherwise noted.



                      Subpart A_Regular Publication



Sec. 10.1  Publication required.

    The Director publishes a special edition of the Federal Register 
compiling recent presidential documents, called ``The Daily Compilation 
of Presidential Documents.''

[74 FR 3952, Jan. 21, 2009]



Sec. 10.2  Scope and sources.

    (a) The text of the publication consists of oral statements by the 
President or of writing subscribed by the President, and selected from 
transcripts or text issued by the Office of the White House Press 
Secretary, including--
    (1) Communications to Congress;
    (2) Public addresses and remarks;
    (3) News conferences and interviews;
    (4) Public messages and letters;
    (5) Statements released on miscellaneous subjects; and
    (6) Formal executive documents promulgated in accordance with law.
    (b) In addition, each publication includes selections, either in 
full text or ancillary form, from the following groups of documents, 
when issued by the Press Office.
    (1) Announcements of Presidential appointments and nominations;
    (2) White House statements and announcements on miscellaneous 
subjects;
    (3) Statements by the Press Secretary or Deputy Press Secretary;
    (4) Statements and news conferences by senior administration 
officials; and
    (5) Fact sheets.

[50 FR 12467, Mar. 28, 1985, as amended at 74 FR 3952, Jan. 21, 2009]



Sec. 10.3  Format.

    The Daily Compilation of Presidential Documents is published online 
on the Government Printing Office access system.

[74 FR 3952, Jan. 21, 2009]



                      Subpart B_Annual Publication



Sec. 10.10  Publication required.

    The Director of the Federal Register shall publish annually a 
special edition of the Federal Register called the ``Public Papers of 
the Presidents of the United States''.



Sec. 10.11  Scope and sources.

    The basic text of the Public Papers consists of the documents 
compiled under subpart A of this part.

[74 FR 3952, Jan. 21, 2009]



Sec. 10.12  Format, indexes, and ancillaries.

    (a) Each publication covers one calendar year, unless procedures 
require otherwise, and is divided into books according to the amount of 
material to be included. The publication is published in the binding and 
style that the Administrative Committee of the Federal Register 
considers suitable to the dignity of the Office of the President of the 
United States.
    (b) Each publication is appropriately indexed and contains 
additional ancillary information and illustrative material respecting 
significant Presidential documents and activities.



Sec. 10.13  Coverage of prior years.

    The Administrative Committee may authorize the publication of 
volumes of

[[Page 14]]

papers of the Presidents covering specified years before 1945 after 
consulting with the National Historical Publications and Records 
Commission.

[[Page 15]]



SUBCHAPTER D_AVAILABILITY OF OFFICE OF THE FEDERAL REGISTER PUBLICATIONS





PART 11_SUBSCRIPTIONS--Table of Contents



Sec.
11.1 Subscription by the public.
11.2 Federal Register.
11.3 Code of Federal Regulations.
11.4 The United States Government Manual.
11.5 Public Papers of the Presidents of the United States.
11.6 [Reserved]
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.

    Source: 54 FR 9677, Mar. 7, 1989, unless otherwise noted.



Sec. 11.1  Subscription by the public.

    The Government Printing Office produces the paper and microfiche 
editions of the publications described in Sec. 2.5 of this chapter, and 
the Superintendent of Documents, Government Printing Office, Washington, 
DC 20402, makes them available for sale 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.

[54 FR 9677, Mar. 7, 1989, as amended at 61 FR 68118, Dec. 27, 1996]



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, or $165 per year for the microfiche edition. Six-month 
subscriptions for the paper and microfiche editions are also available 
at one-half the annual rate. Those prices exclude postage. The 
prevailing postal rates will be applied to orders according to the 
delivery method requested. The price of a single copy of the daily 
Federal Register, including postage, 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. Single issues of the microfiche edition may be purchased for 
$3 per copy, including postage.
    (b) The online edition of the Federal Register, issued under the 
authority of the Administrative Committee, is available on GPO Access, a 
service of the Government Printing Office (44 U.S.C. 4101).

[61 FR 68119, Dec. 27, 1996, as amended at 65 FR 8843, Feb. 23, 2000; 66 
FR 44524, Aug. 24, 2001; 69 FR 12783, Mar. 18, 2004]



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, or $247 per 
year for the microfiche edition. Those prices exclude postage. The 
prevailing postal 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. The price 
of a single volume of the microfiche edition is $4 per copy, including 
postage.
    (b) The online edition of the Code of Federal Regulations, issued 
under the authority of the Administrative Committee, is available on GPO 
Access, a service of the Government Printing Office (44 U.S.C. 4101).

[65 FR 8843, Feb. 23, 2000, as amended at 66 FR 44524, Aug. 24, 2001; 69 
FR 12783, Mar. 18, 2004]



Sec. 11.4  The United States Government Manual.

    (a) The online edition of the Manual, issued under the authority of 
the Administrative Committee, is available through the Government 
Printing Office's Web site.
    (b) Copies of a bound, paper edition of the Manual may be sold at a 
price determined by the Superintendent of

[[Page 16]]

Documents under the general direction of the Administrative Committee.

[76 FR 6313, Feb. 4, 2011]



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. 11.6  [Reserved]



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 
postage. The prevailing postal rates will be applied to orders according 
to the delivery method requested.

[69 FR 12783, Mar. 18, 2004]



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 postage. The prevailing postal rates will be applied to 
orders according to the delivery method requested.

[69 FR 12783, Mar. 18, 2004]



PART 12_OFFICIAL DISTRIBUTION WITHIN FEDERAL GOVERNMENT--Table of Contents



Sec.
12.1 Federal Register.
12.2 Code of Federal Regulations.
12.4 Weekly Compilation of Presidential Documents.
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.

    Source: 54 FR 9678, Mar. 7, 1989, unless otherwise noted.



Sec. 12.1  Federal Register.

    (a) Copies of the daily Federal Register in paper or microfiche form 
shall 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 not more than five copies of 
each daily issue based on a written request to the Director of the 
Federal Register.
    (2) Congressional committees. Each committee of the Senate and the 
House of Representatives will be provided with the number of copies 
needed for official use based on a written request from the chairperson, 
or authorized delegate, to the Director of the Federal Register.
    (3) Supreme Court. The Supreme Court will be provided with the 
number of copies needed for official use based on a written request to 
the Director of the Federal Register.
    (4) Other courts. Other constitutional or legislative courts of the 
United States will be provided with the number of copies needed for 
official use based on a written request from the Director of the 
Administrative Office of the U.S. Courts, or authorized delegate, to the 
Director of the Federal Register.
    (5) Executive agencies. Each Federal executive agency will be 
provided with the number of copies needed for official use based on a 
written request from the agency Federal Register authorizing officer, or 
the alternate, designated under Sec. 16.1 of this chapter, to the 
Director of the Federal Register.
    (b) 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 12 noon on the working day before 
publication.
    (c) Requisitions for quantity overruns of separate part issues to be 
paid for by the agency are available as follows:
    (1) Whenever it is determined by the Director of the Federal 
Register to be in the public interest, one or more documents may be 
published as a separate part (e.g., part II, part III) of the Federal 
Register.
    (2) Advance arrangements for this service must be made with the 
Office of the Federal Register.

[[Page 17]]

    (3) Any agency may request an overrun of such a separate part by 
submitting an advance printing and binding requisition on Standard Form 
1 directly to the Government Printing Office, to be received not later 
than 12 noon on the working day before the publication date.
    (d) 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.
    (e) Copies of the Federal Register Index and LSA (List of CFR 
Sections Affected) are included with each Federal Register official 
distribution.



Sec. 12.2  Code of Federal Regulations.

    (a) Copies of the Code of Federal Regulations in paper or microfiche 
form shall be made available to the following without charge:
    (1) Congressional committees. Each committee of the Senate and House 
of Representatives will be provided with the number of copies needed for 
official use based on a written request from the chairperson, or 
authorized delegate, to the Director of the Federal Register.
    (2) Supreme Court. The Supreme Court will be provided with the 
number of copies needed for official use based on 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 the number of copies needed for 
official use based on a written request from the Director of the 
Administrative Office of the U.S. Courts, or authorized delegate, to the 
Director of the Federal Register.
    (4) Executive agencies. Each Federal executive agency will be 
provided with the number of copies needed for official use, not to 
exceed 300 copies of individual titles per agency, based on a written 
request from the agency Federal Register authorizing officer, or the 
alternate, designated under Sec. 16.1 of this chapter, to the Director 
of the Federal Register.
    (b) Legislative, judicial, and executive agencies of the Federal 
Government may obtain additional copies of selected units of the Code, 
at cost, for official use, by submission, before the press run, of a 
printing and binding requisition to the Government Printing Office on 
Standard Form 1.
    (c) After the press run, each request for extra copies of selected 
units of the Code must be addressed to the Superintendent of Documents, 
to be paid for by the agency making the request.



Sec. 12.4  Weekly Compilation of Presidential Documents.

    (a) Copies of the Weekly Compilation of Presidential Documents shall 
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 the number of copies needed for 
official use based on a written request to the Director of the Federal 
Register.
    (2) Congressional committees. Each committee of the Senate and the 
House of Representatives will be provided with the number of copies 
needed for official use based on a written request from the chairperson, 
or authorized delegate, to the Director of the Federal Register.
    (3) Supreme Court. The Supreme Court will be provided with the 
number of copies needed for official use based on a written request to 
the Director of the Federal Register.
    (4) Other courts. Other constitutional and legislative courts of the 
United States will be provided with the number of copies needed for 
official use based on a written request from the Director of the 
Administrative Office of the U.S. Courts, or authorized delegate, to the 
Director of the Federal Register.
    (5) Executive agencies. Each Federal executive agency will be 
provided with the number of copies needed for official use based on a 
written request from the agency Federal Register authorizing officer, or 
the alternate designated under Sec. 16.1 of this chapter, to the 
Director of the Federal Register.
    (b) Legislative, judicial, and executive agencies of the Federal 
Government may obtain additional copies of selected issues of the Weekly 
Compilation of Presidential Documents, at cost, for official use, by 
submission, before the press run, of a printing and binding requisition 
to the Government Printing Office on a Standard Form 1.

[[Page 18]]

    (c) After the press run, each request for extra copies of selected 
issues 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 shall 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 based on a 
written request to the Director of the Federal Register.
    (2) Supreme Court. The Supreme Court will be provided with not more 
than 12 copies of each publication based on a written request to the 
Director of the Federal Register.
    (3) Executive agencies. Each head of a Federal executive agency will 
be provided with one copy of each annual publication based on a written 
request from the agency Federal Register authorizing officer, or the 
alternate, designated under Sec. 16.1 of this chapter, to the Director 
of the Federal Register.
    (b) Legislative, judicial, and executive agencies of the Federal 
Government may obtain additional copies, at cost, for official use, by 
submission before the press run, of a printing and binding requisition 
to the Government Printing Office on Standard Form 1.
    (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.

[[Page 19]]



   SUBCHAPTER E_PREPARATION, TRANSMITTAL, AND PROCESSING OF DOCUMENTS





PART 15_SERVICES TO FEDERAL AGENCIES--Table of Contents



                            Subpart A_General

Sec.
15.1 Cooperation.
15.2 Information services.
15.3 Staff assistance.
15.4 Reproduction and certification of copies of acts and documents.

                      Subpart B_Special Assistance

15.10 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.

    Source: 37 FR 23607, Nov. 4, 1972, unless otherwise noted.



                            Subpart A_General



Sec. 15.1  Cooperation.

    The Director of the Federal Register shall assist each agency in 
complying with the pertinent publication laws to assure efficient public 
service in promulgating administrative documents having the effect of 
legal notice or of law.



Sec. 15.2  Information services.

    The Director of the Federal Register shall provide for the answering 
of each appropriate inquiry presented in person, by telephone, or in 
writing. Each written communication and each matter involving the 
Administrative Committee shall be sent to the Director, Office of the 
Federal Register, National Archives and Records Administration, 
Washington, DC 20408.

[50 FR 12468, Mar. 28, 1985]



Sec. 15.3  Staff assistance.

    The staff of the Office of the Federal Register shall provide 
informal assistance and advice to officials of the various agencies with 
respect to general or specific programs of regulatory drafting, 
procedures, and promulgation practices.



Sec. 15.4  Reproduction and certification of copies of acts and documents.

    The Director of the Federal Register shall furnish to requesting 
agencies, at cost, reproductions or certified copies of original acts 
and documents filed with that Office that are needed for official use 
unless funds are appropriated for that purpose.

[50 FR 12468, Mar. 28, 1985, as amended at 54 FR 9679, Mar. 7, 1989]



                      Subpart B_Special Assistance



Sec. 15.10  Information on drafting and publication.

    The Director of the Federal Register may prepare, and distribute to 
agencies, information and instructions designed to promote effective 
compliance with the purposes of chapter 15 of title 44, United States 
Code, sections 552-553 of title 5, United States Code, related statutes, 
and this chapter. The Director may also develop and conduct programs of 
technical instruction.



PART 16_AGENCY REPRESENTATIVES--Table of Contents



Sec.
16.1 Designation.
16.2 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.

    Source: 37 FR 23608, Nov. 4, 1972, unless otherwise noted.



Sec. 16.1  Designation.

    (a) Each agency shall designate, from its officers or employees, 
persons to serve in the following capacities with relation to the Office 
of the Federal Register:
    (1) A liaison officer and an alternate.
    (2) A certifying officer and an alternate.
    (3) An authorizing officer and an alternate.

The same person may be designated to serve in one or more of these 
positions.

[[Page 20]]

    (b) In choosing its liaison officer, each agency should consider 
that this officer will be the main contact between that agency and the 
Office of the Federal Register and that the liaison officer will be 
charged with the duties set forth in Sec. 16.2. Therefore, the agency 
should choose a person who is directly involved in the agency's 
regulatory program.
    (c) Each agency shall notify the Director of the name, title, 
address, and telephone number of each person it designates under this 
section and shall promptly notify the Director of any changes.



Sec. 16.2  Liaison duties.

    Each agency liaison officer shall--
    (a) Represent the agency in all matters relating to the submission 
of documents to the Office of the Federal Register, and respecting 
general compliance with this chapter;
    (b) Be responsible for the effective distribution and use within the 
agency of Federal Register information on document drafting and 
publication assistance authorized by Sec. 15.10 of this chapter;
    (c) Promote the agency's participation in the technical instruction 
authorized by Sec. 15.10 of this chapter; and
    (d) Be available to discuss documents submitted for publication with 
the editors of the Federal Register.

[54 FR 9679, Mar. 7, 1989]



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 Office of the Federal Register and for making the 
certification required by Sec. Sec. 18.5 and 18.6 of this chapter.

[54 FR 9679, Mar. 7, 1989]



Sec. 16.4  Authorizing duties.

    The agency authorizing officer is responsible for furnishing, to the 
Director of the Federal Register, a current mailing list of officers or 
employees of the agency who are authorized to receive the Federal 
Register, the Code of Federal Regulations, and the Weekly Compilation of 
Presidential Documents for official use.

[54 FR 9679, Mar. 7, 1989]



PART 17_FILING FOR PUBLIC INSPECTION AND PUBLICATION SCHEDULES
--Table of Contents



Sec.

                    Subpart A_Receipt and Processing

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.

    Source: 37 FR 23608, Nov. 4, 1972, unless otherwise noted.



                    Subpart A_Receipt and Processing



Sec. 17.1  Receipt and processing.

    Unless special arrangements are made with the Director of the 
Federal Register, the Office of the Federal Register receives documents 
only during official working hours. Upon receipt, each document shall be 
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 shall be filed for public inspection only 
after it has been received, processed and assigned a publication date.

[[Page 21]]

    (b) Except as provided in paragraph (d) of this section, each 
document received by 2:00 p.m. which meets the requirements of this 
chapter shall be assigned to the regular schedule. Unless the issuing 
agency makes special arrangements otherwise, or the Office determines 
that the document requires a deferred schedule (see 1 CFR 17.7), receipt 
of a document by 2:00 p.m. is considered to be a request for filing for 
public inspection and publication on the regular schedule. Documents 
received after 2:00 p.m. which meet the requirements of this chapter 
shall be assigned to the next working day's regular schedule.
    (c) The regular schedule for filing for public inspection and 
publication is as follows:

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


Where a legal Federal holiday intervenes, one additional work day is 
added.
    (d) Each notice of meeting issued under the ``Government in the 
Sunshine Act'' (5 U.S.C. 552b(e)(3)) is placed on immediate public 
inspection after it has been received, processed, and assigned a 
publication date.
    (1) Each notice received before 4:00 p.m. is scheduled to be 
published 2 working days later.
    (2) Each notice received after 4:00 p.m. is scheduled to be 
published 3 working days later.

[54 FR 9680, Mar. 7, 1989]



                      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.

[37 FR 23608, Nov. 4, 1972, as amended at 54 FR 9680, Mar. 7, 1989]



Sec. 17.4  Procedure and timing for emergency publication.

    (a) Each agency requesting publication on the emergency schedule 
shall briefly describe the emergency and the benefits to be attributed 
to immediate publication in the Federal Register. The request must be 
made by letter.
    (b) The Director of the Federal Register shall assign a document to 
the emergency schedule whenever the Director concurs with a request for 
that action and it is feasible.
    (c) Each document assigned to the emergency schedule shall be 
published as soon as possible.
    (d) Each document assigned to the emergency schedule for publication 
will be filed for public inspection on the working day before 
publication unless emergency filing for public inspection is also 
requested.

[37 FR 23608, Nov. 4, 1972, as amended at 54 FR 9680, Mar. 7, 1989]



Sec. 17.5  Criteria for emergency filing for public inspection.

    An agency may request emergency filing for public inspection for 
documents to be published under the regular, emergency or deferred 
publication schedules. Emergency filing for public inspection provides 
for the fastest possible public access to a document after it has been 
received, processed and assigned a publication date. 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. A document receiving emergency filing 
for public inspection remains on public inspection until it is published 
according to the schedule for publication.

[54 FR 9680, Mar. 7, 1989]



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

    (a) Each agency requesting emergency filing for public inspection 
shall briefly describe the emergency and the benefits to be attributed 
to immediate public access. The request must be made by letter.
    (b) The Director of the Federal Register shall approve an emergency 
filing for public inspection request whenever

[[Page 22]]

the Director concurs with a request for that action and it is feasible.
    (c) Each document approved for emergency filing for public 
inspection shall be filed as soon as possible following processing and 
scheduling.

[54 FR 9680, Mar. 7, 1989]



                       Subpart D_Deferred Schedule



Sec. 17.7  Criteria for deferred schedule.

    (a) A document may be assigned to the deferred schedule under the 
following conditions:
    (1) There are technical problems, unusual or lengthy tables, or 
illustrations, or the document is of such size as to require 
extraordinary processing time.
    (2) The agency concerned requests a deferred publication date.
    (b) The Office of the Federal Register staff will notify the agency 
if its documents must be assigned to a deferred schedule.

[37 FR 23608, Nov. 4, 1972, as amended at 54 FR 9680, Mar. 7, 1989; 54 
FR 23343, May 31, 1989]



PART 18_PREPARATION AND TRANSMITTAL OF DOCUMENTS GENERALLY
--Table of Contents



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 Certified copies.
18.6 Form of certification.
18.7 Signature.
18.8 Seal.
18.9 Style.
18.10 Illustrations, tabular material, and forms.
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.

    Source: 37 FR 23609, Nov. 4, 1972, unless otherwise noted.



Sec. 18.1  Original and copies required.

    Except as provided in Sec. 19.2 of this subchapter for Executive 
orders and proclamations, each agency submitting a document to be filed 
and published in the Federal Register shall send an original and two 
duplicate originals or certified copies. \1\ However, if the document is 
printed or processed on both sides, one of the copies sent by the agency 
must be a collated, single-sided copy.
---------------------------------------------------------------------------

    \1\ Agencies with computer processed data are urged to consult with 
the Office of the Federal Register staff about possible use of the data 
in the publication process.

[54 FR 9680, Mar. 7, 1989]



Sec. 18.2  Prohibition on combined category documents.

    (a) The Director of the Federal Register will not accept a document 
for filing and publication if it combines material that must appear 
under more than one category in the Federal Register. For example, a 
document may not contain both rulemaking and notice of proposed 
rulemaking material.
    (b) Where two related documents are to be published in the same 
Federal Register issue, the agency may insert a cross-reference in each 
document.

[54 FR 9680, Mar. 7, 1989]



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 Office of the Federal Register and published 
in the Federal Register shall be sent to the Director of the Federal 
Register.
    (b) Except for cases involving special handling or treatment, there 
is no need for a letter of transmittal for a document submitted for 
filing and Federal Register publication.
    (c) Receipt dates are determined at the time a signed original and 
clear and legible copies are received.

[37 FR 23609, Nov. 4, 1972, as amended at 54 FR 9680, Mar. 7, 1989]



Sec. 18.4  Form of document.

    (a) A printed or processed document may be accepted for filing for 
public inspection and publication if it is on

[[Page 23]]

bond or similar quality paper, legible, and free of adhesive or 
correction tape. \2\
---------------------------------------------------------------------------

    \2\ Agencies with computer processed data are urged to consult with 
the Office of the Federal Register staff about possible use of the data 
in the publication process.
---------------------------------------------------------------------------

    (b) A document in the form of a letter or press release may not be 
accepted for filing for public inspection or publication in the rules 
and regulations, proposed rules, or notices categories of the Federal 
Register.
    (c) Original documents submitted by telecommunication and 
authenticated by digital signatures consistent with applicable Federal 
standards and Office of the Federal Register technical specifications 
may be accepted for publication. \3\
---------------------------------------------------------------------------

    \3\ At present, submission of documents by telecommunication is 
limited to selected pilot projects.

[54 FR 9681, Mar. 7, 1989, as amended at 61 FR 68119, Dec. 27, 1996]



Sec. 18.5  Certified copies.

    The certified copies or duplicate originals of each document must be 
submitted with the original. Each copy or duplicate must be entirely 
clear and legible.

[54 FR 9681, Mar. 7, 1989]



Sec. 18.6  Form of certification.

    Each copy of each document submitted for filing and publication, 
except a Presidential document or a duplicate original, must be 
certified as follows:

(Certified to be a true copy of the original)


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

[54 FR 9681, Mar. 7, 1989]



Sec. 18.7  Signature.

    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. Initialed or impressed signatures will 
not be accepted. Documents submitted under Sec. 18.4(c) may be 
authenticated as original documents by digital signatures.

[37 FR 23609, Nov. 4, 1972, as amended at 54 FR 9681, Mar. 7, 1989; 61 
FR 68119, Dec. 27, 1996]



Sec. 18.8  Seal.

    Use of a seal on an original document or certified copy is optional 
with the issuing agency.



Sec. 18.9  Style.

    Each document submitted by an agency for filing and publication 
shall conform to the current edition of the U.S. Government Printing 
Office Style Manual in punctuation, capitalization, spelling, and other 
matters of style.

[54 FR 9681, Mar. 7, 1989]



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, or a clear and completely 
legible reproduction approximately 8 \1/2\ by 11 inches, shall 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.

[54 FR 9681, Mar. 7, 1989]



Sec. 18.12  Preamble requirements.

    (a) Each agency submitting a proposed or final rule document for 
publication shall prepare a preamble which will inform the reader, who 
is not an expert in the subject area, of the basis and purpose for the 
rule or proposal.
    (b) The preamble shall be in the following format and contain the 
following information:

AGENCY:_________________________________________________________________
                                                (Name of issuing agency)

ACTION:_________________________________________________________________
(Notice of Intent), (Advance Notice of Proposed Rulemaking), (Proposed 
Rule), (Final Rule), (Other).

SUMMARY:________________________________________________________________
(Brief statements, in simple language, of: (i) the action being taken; 
(ii) the circumstances which created the need for the action; and (iii) 
the intended effect of the action.)

DATES:__________________________________________________________________

[[Page 24]]

(Comments must be received on or before: ----------.) (Proposed 
effective date: ----------.) (Effective date: ----------.) (Hearing: --
--------.) (Other: ----------.)

ADDRESSES:______________________________________________________________
(Any relevant addresses.)

FOR FURTHER INFORMATION CONTACT:
________________________________________________________________________
(For Executive departments and agencies, the name and telephone number 
of a person in the agency to contact for additional information about 
the document [Presidential Memorandum, 41 FR 42764, September 28, 
1976].)

SUPPLEMENTARY INFORMATION:______________________________________________
________________________________________________________________________
(See paragraph (c) of this section.)

    (c) The agency may include the following information in 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; and
    (4) Any other information the agency considers appropriate.

[41 FR 56624, Dec. 29, 1976, as amended at 54 FR 9681, Mar. 7, 1989]



Sec. 18.13  Withdrawal or correction of filed documents.

    (a) A document that has been filed for public inspection with the 
Office of the Federal Register but not yet published, may be withdrawn 
from publication or corrected by the submitting agency. Withdrawals or 
minor corrections may be made with a timely letter, signed by a duly 
authorized representative of the agency. Extensive corrections may 
require agency withdrawal of the document from publication.
    (b) Both the originally filed document and the withdrawing or 
correcting letter shall remain on file. The original document and the 
withdrawing or correcting letter will be retained by the Office of the 
Federal Register after the public inspection period expires.

[54 FR 9681, Mar. 7, 1989]



Sec. 18.15  Correction of errors in printing.

    (a) Typographical or clerical errors made in the printing of the 
Federal Register shall be corrected by insertion of an appropriate 
notation or a reprinting in the Federal Register published without 
further agency documentation, if the Director of the Federal Register 
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 shall review published documents and notify 
the Office of the Federal Register of printing errors found in published 
documents.
    (c) If the error was in the document as submitted by the agency, the 
issuing agency must prepare and submit for publication a correction 
document.

[50 FR 12468, Mar. 28, 1985]



Sec. 18.16  Reinstatement of expired regulations.

    Agencies may reinstate regulations removed from the Code of Federal 
Regulations data base which have expired by their own terms only by 
republishing the regulations in full text in the Federal Register.

[54 FR 9681, Mar. 7, 1989]



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. When a document sets forth a time 
period measured by a certain number of days after publication, Office of 
the Federal Register staff will compute the date to be inserted in the 
document as set forth in paragraph (b) of this section.
    (b) Dates certain will be computed by counting the day after the 
publication day as one, and by counting each succeeding day, including 
Saturdays, Sundays, and holidays. However, where the final count would 
fall on a Saturday, Sunday, or holiday, the date certain will be the 
next succeeding Federal business day.
    (c) In the event an effective date is dependent upon Congressional 
action, or an act of Congress or a dispositive Federal court decision 
establishes or

[[Page 25]]

changes the effective date of an agency's regulation, the issuing agency 
shall promptly publish a document in the Federal Register announcing the 
effective date.

[37 FR 23609, Nov. 4, 1972, as amended at 54 FR 9681, Mar. 7, 1989]



Sec. 18.20  Identification of subjects in agency regulations.

    (a) Federal Register documents. Each agency that submits a document 
that is published in the Rules and Regulations section or the Proposed 
Rules section of the Federal Register shall--
    (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 shall use terms contained in the Federal Register Thesaurus 
of Indexing Terms. Agencies may include additional terms not contained 
in the Thesaurus as long as the appropriate Thesaurus terms are also 
used. Copies of the Federal Register Thesaurus of Indexing Terms are 
available from the Office of the Federal Register, National Archives and 
Records Administration, Washington, D.C. 20408.

[46 FR 7163, Jan. 22, 1981, as amended at 54 FR 9681, Mar. 7, 1989]



PART 19_EXECUTIVE ORDERS AND PRESIDENTIAL PROCLAMATIONS--Table of Contents



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.

    Source: 37 FR 23610, Nov. 4, 1972, unless otherwise noted.



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,''\1\ prepared by the Bureau of Land Management, 
Department of the Interior.
---------------------------------------------------------------------------

    \1\ Agencies with computer processed data are urged to consult with 
the Office of the Federal Register staff about possible use of the data 
in the publication process.
---------------------------------------------------------------------------

    (f) Proposed Executive orders and proclamations shall be typewritten 
on paper approximately 8 x 13 inches, shall have a left-hand margin of 
approximately 1\1/2\ inches 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 --------------.

[37 FR 23610, Nov. 4, 1972, as amended at 54 FR 9681, Mar. 7, 1989]



Sec. 19.2  Routing and approval of drafts.

    (a) A proposed Executive order or proclamation shall first be 
submitted, with seven copies thereof, to the Director of the Office of 
Management and Budget, together with a letter, signed

[[Page 26]]

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 Attorney General approves the proposed Executive order or 
proclamation, he shall transmit it to the Director of the Office of the 
Federal Register, National Archives and Records Administration: 
Provided, That in cases involving sufficient urgency the Attorney 
General may transmit it directly to the President: And provided further, 
That the authority vested in the Attorney General by this section may be 
delegated by him, in whole or in part, to the Deputy Attorney General, 
Solicitor General, or to such Assistant Attorney General as he may 
designate.
    (d) After determining that the proposed Executive order or 
proclamation conforms to the requirements of Sec. 19.1 and is free from 
typographical or clerical error, the Director of the Office of the 
Federal Register shall transmit it and three copies thereof to the 
President.
    (e) 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.

[37 FR 23610, Nov. 4, 1972, as amended at 54 FR 9681, Mar. 7, 1989]



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_HANDLING OF THE UNITED STATES GOVERNMENT MANUAL STATEMENTS
--Table of Contents



Sec.
20.1 Liaison officers.
20.2 Preparation of agency statements.
20.3 Organization.
20.4 Description of program activities.
20.5 Sources of information.
20.6 Form, style, arrangement and apportionment of space.

[[Page 27]]

20.7 Deadline dates.

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

    Source: 37 FR 23611, Nov. 4, 1972, unless otherwise noted.



Sec. 20.1  Liaison officers.

    (a) Each of the following shall appoint an officer to maintain 
liaison with the Office 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 insure agency compliance with part 9 
of this chapter and this part 20.

[37 FR 23611, Nov. 4, 1972, as amended at 50 FR 12468, Mar. 28, 1985; 54 
FR 9682, Mar. 7, 1989]



Sec. 20.2  Preparation of agency statements.

    In accordance with schedules established under Sec. 20.7 each 
agency shall submit for publication in the Manual an official draft of 
the information required by Sec. 9.2 of this chapter and this part 20.



Sec. 20.3  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. Charts must be prepared so as to be perfectly 
legible when reduced to the size of a Manual page. Charts that do not 
meet this requirement will not be included in the Manual.
    (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.

[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]



Sec. 20.4  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.

[54 FR 9682, Mar. 7, 1989]



Sec. 20.5  Sources of information.

    Pertinent sources of information useful to the public, in areas of 
public interest such as employment, consumer activities, contracts, 
services to small business, and other topics of public interest should 
be provided with each agency statement. These sources of information 
shall plainly identify the places at which the public may obtain 
information or make submittals or requests.



Sec. 20.6  Form, style, arrangement and apportionment of space.

    The form, style, and arrangement of agency statements and other 
materials included in the Manual and the apportionment of space therein 
shall be determined by the Director of the Federal Register. The U.S. 
Government Printing Office Style Manual is the applicable reference work 
in determining style.



Sec. 20.7  Deadline dates.

    The Manual is published on a schedule designed to provide the public 
with information about their Government on a timely basis. Therefore, 
agencies must comply with the deadline dates established by the Director 
of the Federal Register for transmittal of statements and charts and for 
the verification of proofs. Failure to do so may result in publication 
of an outdated statement or the omission of important material, thus 
depriving members of the public of information they

[[Page 28]]

have a right to expect in a particular edition of the Manual.



PART 21_PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION--Table of Contents



                            Subpart A_General

Sec.
21.1 Drafting.
21.6 Notice of expiration of codified material.

                             Code Structure

21.7 Titles and subtitles.
21.8 Chapters and subchapters.
21.9 Parts, subparts, and undesignated center heads.
21.10 Sections.

                                Numbering

21.11 Standard organization of the Code of Federal Regulations.
21.12 Reservation of numbers.
21.14 Deviations from standard organization of the Code of Federal 
          Regulations.

                                Headings

21.16 Required document headings.
21.18 Tables of contents.
21.19 Composition of part headings.

                               Amendments

21.20 General requirements.

                               References

21.21 General requirements: References.
21.23 Parallel citations of Code and Federal Register.
21.24 References to 1938 edition of Code.

                        Effective Date Statement

21.30 General.

                           OMB Control Numbers

21.35 OMB control numbers.

                    Subpart B_Citations of Authority

21.40 General requirements: Authority citations.
21.41 Agency responsibility.
21.42 Exceptions.

                                Placement

21.43 Placing and amending authority citations.
21.45 Nonstatutory authority.

                                  Form

21.51 General.
21.52 Statutory material.
21.53 Nonstatutory materials.

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

    Source: 37 FR 23611, Nov. 4, 1972, unless otherwise noted.



                            Subpart A_General



Sec. 21.1  Drafting.

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

[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]



Sec. 21.6  Notice of expiration of codified material.

    Whenever a codified regulation expires after a specified period by 
its own terms or by law, the issuing agency shall submit a notification 
by document for publication in the Federal Register.

[54 FR 9682, Mar. 7, 1989]

                             Code Structure



Sec. 21.7  Titles and subtitles.

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

[[Page 29]]

Federal Register after agency consultation.

[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]



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

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



Sec. 21.10  Sections.

    (a) The normal divisions of a part are sections. Sections are the 
basic units of the Code.
    (b) When internal division is necessary, a section may be divided 
into paragraphs, and paragraphs may be further subdivided using the 
lettering indicated in Sec. 21.11.

                                Numbering



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

    The standard organization consists of the following structural 
units:
    (a) Titles, which are numbered consecutively in Arabic throughout 
the Code;
    (b) Subtitles, which are lettered consecutively in capitals 
throughout the title;
    (c) Chapters, which are numbered consecutively in Roman capitals 
throughout each title;
    (d) Subchapters, which are lettered consecutively in capitals 
throughout the chapter;
    (e) Parts, which are numbered in Arabic throughout each title;
    (f) Subparts, which are lettered in capitals;
    (g) Sections, which are numbered in Arabic throughout each part. 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, which are designated as follows:

level 1 (a), (b), (c), etc.
level 2 (1), (2), (3), etc.
level 3 (i), (ii), (iii), etc.
level 4 (A), (B), (C), etc.
level 5 (1), (2), (3), etc.
level 6 (i), (ii), (iii), etc.

[54 FR 9682, Mar. 7, 1989; 54 FR 23343, May 31, 1989]



Sec. 21.12  Reservation of numbers.

    In a case where related parts or related sections are grouped under 
a heading, numbers may be reserved at the end of each group to allow for 
expansion.

[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]



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

    (a) Any deviation from standard Code of Federal Regulations 
designations must be approved in advance by the Office of the Federal 
Register. Requests for approval must be submitted in writing at least 
five working days before the agency intends to submit the final rule 
document for publication and include a copy of the final rule document.
    (b) The Director of the Federal Register may allow the keying of 
section numbers to correspond to a particular numbering system used by 
an agency only when the keying will benefit both that agency and the 
public.

[54 FR 9682, Mar. 7, 1989]

                                Headings



Sec. 21.16  Required document headings.

    (a) Each rule and proposed rule document submitted to the Office of 
the Federal Register shall contain the following headings, when 
appropriate, on separate lines in the following order:
    (1) Agency name;
    (2) Subagency name;
    (3) Numerical references to the CFR title and parts affected;
    (4) Agency numbers of identifying symbol in brackets, if used;
    (5) Brief subject heading describing the document.
    (b) Each CFR section in the regulatory text of the document shall 
have

[[Page 30]]

a brief descriptive heading, preceding the text, on a separate line.

[50 FR 12468, Mar. 28, 1985]



Sec. 21.18  Tables of contents.

    A table of contents shall be used at the beginning of the part 
whenever a new part is introduced, an existing part is completely 
revised, or a group of sections is revised or added and set forth as a 
subpart or otherwise separately grouped under a center head. The table 
shall follow the part heading and precede the text of the regulations in 
that part. It shall also list the headings for the subparts, 
undesignated center headings, sections in the part, and appendix 
headings to the part or subpart.

[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]



Sec. 21.19  Composition of part headings.

    Each part heading shall indicate briefly the general subject matter 
of the part. Phrases such as ``Regulations under the Act of July 28, 
1955'' or other expressions that are not descriptive of the subject 
matter may not be used. Introductory expressions such as ``Regulations 
governing'' and ``Rules applicable to'' may not be used.

                               Amendments



Sec. 21.20  General requirements.

    (a) Each amendatory document shall identify in specific terms the 
unit amended, and the extent of the changes made.
    (b) The number and heading of each section amended shall be set 
forth in full on a separate line.

                               References



Sec. 21.21  General requirements: References.

    (a) Each reference to the Code of Federal Regulations shall be in 
terms of the specific titles, chapters, parts, sections, and paragraphs 
involved. Ambiguous references such as ``herein'', ``above'', ``below'', 
and similar expressions may not be used.
    (b) Each document that contains a reference to material published in 
the Code shall include the Code citation as a part of the reference.
    (c) Each agency shall publish its own regulations in full text. 
Cross-references to the regulations of another agency may not be used as 
a substitute for publication in full text, unless the Office of the 
Federal Register 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 test methods or consensus standards produced 
by a Federal agency that have replaced or preempted private or voluntary 
test methods or consensus standards in a subject matter area.
    (5) The reference is to the Department level from a subagency.

[37 FR 23611, Nov. 4, 1972, as amended at 50 FR 12468, Mar. 28, 1985]



Sec. 21.23  Parallel citations of Code and Federal Register.

    For parallel reference, the Code of Federal Regulations and the 
Federal Register may be cited in the following forms, as appropriate:

    ------ CFR ------ (------ FR ------). Sec. ------ of this chapter 
(------ FR ------).



Sec. 21.24  References to 1938 edition of Code.

    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., ------.

                        Effective Date Statement



Sec. 21.30  General.

    Each document subject to codification shall include a clear 
statement as to the date or dates upon which its contents become 
effective.

[[Page 31]]

                           OMB Control Numbers



Sec. 21.35  OMB control numbers.

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

[50 FR 12468, Mar. 28, 1985]



                    Subpart B_Citations of Authority



Sec. 21.40  General requirements: Authority citations.

    Each section in a document subject to codification must include, or 
be covered by, a complete citation of the authority under which the 
section is issued, including--
    (a) General or specific authority delegated by statute; and
    (b) Executive delegations, if any, necessary to link the statutory 
authority to the issuing agency.

[50 FR 12468, Mar. 28, 1985]



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 shall formally amend the citations of 
authority in its codified material to reflect any changes therein.



Sec. 21.42  Exceptions.

    The Director of the Federal Register may make exceptions to the 
requirements of this subpart relating to placement and form of citations 
of authority whenever the Director determines that strict application 
would impair the practical use of the citations.

[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]

                                Placement



Sec. 21.43  Placing and amending authority citations.

    (a) The requirements for placing authority citations vary with the 
type of amendment the agency is making in a document. The agency shall 
set out the full text of the authority citation for each part affected 
by the document.
    (1) If a document sets out an entire CFR part, the agency shall 
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 shall present 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 CFR part, the agency shall simply restate 
the authority.
    (ii) If the authority for issuing an amendment changes the authority 
citation for the whole CFR part, the agency shall 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.
    (b) The agency shall present a centralized authority citation. The 
authority citation shall appear at the end of the table of contents for 
a part or after each subpart heading within the text of a part. 
Citations of authority for particular sections may be specified within 
the centralized authority citation.

[50 FR 12469, Mar. 28, 1985, as amended at 54 FR 9682, Mar. 7, 1989]



Sec. 21.45  Nonstatutory authority.

    Citation to a nonstatutory document as authority shall 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.

[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]

                                  Form



Sec. 21.51  General.

    (a) Formal citations of authority shall be in the shortest form 
compatible with positive identification and ready reference.
    (b) The Office of the Federal Register shall assist agencies in 
developing model citations.



Sec. 21.52  Statutory material.

    (a) United States Code. All citations to statutory authority shall 
include a

[[Page 32]]

United States Code citation, where available. Citations to titles of the 
United States Code, whether or not enacted into positive law, 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. Citations to Public Laws 
and U.S. Statutes at Large are optional when the United States Code is 
cited. Citations to current public laws and to the U.S. Statutes at 
Large shall 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 shall 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).

[54 FR 9682, Mar. 7, 1989]



Sec. 21.53  Nonstatutory materials.

    Nonstatutory documents shall 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.

[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9683, Mar. 7, 1989]



PART 22_PREPARATION OF NOTICES AND PROPOSED RULES--Table of Contents



                            Subpart A_Notices

Sec.
22.1 Name of issuing agency and subdivision.
22.2 Authority citation.

                        Subpart B_Proposed Rules

22.5 General requirements.
22.6 Code designation.
22.7 Codification.

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

    Source: 37 FR 23614, Nov. 4, 1972, unless otherwise noted.



                            Subpart A_Notices



Sec. 22.1  Name of issuing agency and subdivision.

    (a) The name of the agency issuing a notice shall be placed at the 
beginning of the document.
    (b) Whenever a specific bureau, service, or similar unit within an 
agency issues a notice, the name of that bureau, service, or unit shall 
be placed on a separate line below the name of the agency.
    (c) An agency that uses file numbers, docket numbers, or similar 
identifying symbols shall place them in brackets immediately below the 
other headings required by this section.
    (d) A suitable short title identifying the subject shall be provided 
beginning on a separate line immediately after the other required 
caption or captions. Whenever appropriate, an additional brief caption 
indicating the nature of the document shall be used.



Sec. 22.2  Authority citation.

    The authority under which an agency issues a notice shall be cited 
in narrative form within text or in parentheses on a separate line 
following text.



                        Subpart B_Proposed Rules



Sec. 22.5  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 shall 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.

[37 FR 23614, Nov. 4, 1972, as amended at 54 FR 9683, Mar. 7, 1989]



Sec. 22.6  Code designation.

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


[[Page 33]]


    1 CFR part 22

[37 FR 23614, Nov. 4, 1972, as amended at 54 FR 9683, Mar. 7, 1989]



Sec. 22.7  Codification.

    Any part of a proposed rule document that contains the full text of 
a proposed regulation shall also conform to the pertinent provisions of 
part 21 of this chapter.

[37 FR 23614, Nov. 4, 1972, as amended at 54 FR 9683, Mar. 7, 1989]

                         PARTS 23	49 [RESERVED]

[[Page 35]]



               CHAPTER II--OFFICE OF THE FEDERAL REGISTER




  --------------------------------------------------------------------
Part                                                                Page
50

[Reserved]

51              Incorporation by reference..................          37
52-299

[Reserved]
                           PART 50 [RESERVED]

[[Page 37]]



PART 51_INCORPORATION BY REFERENCE--Table of Contents



Sec.
51.1 Policy.
51.3 When will the Director approve a publication?
51.5 How does an agency request approval?
51.7 What publications are eligible?
51.9 What is the proper language of incorporation?
51.11 How does an agency change or remove an approved incorporation?

    Authority: 5 U.S.C. 552(a).

    Source: 47 FR 34108, Aug. 6, 1982, unless otherwise noted.



Sec. 51.1  Policy.

    (a) Section 552(a) of title 5, United States Code, provides, in 
part, that ``matter reasonably available to the class of persons 
affected thereby is deemed published in the Federal Register when 
incorporated by reference therein with the approval of the Director of 
the Federal Register.''
    (b) The Director will interpret and apply the language of section 
552(a) together with other requirements which govern publication in the 
Federal Register and the Code of Federal Regulations. Those requirements 
which govern publication include--
    (1) The Federal Register Act (44 U.S.C. 1501 et seq.)
    (2) The Administrative Procedure Act (5 U.S.C. 551 et seq.);
    (3) The regulations of the Administrative Committee of the Federal 
Register under the Federal Register Act (1 CFR Ch. I); and
    (4) The acts which require publication in the Federal Register (See 
CFR volume entitled ``CFR Index and Finding Aids.'')
    (c) The Director will assume in carrying out the responsibilities 
for incorporation by reference that incorporation by reference--
    (1) Is intended to benefit both the Federal Government and the 
members of the class affected; and
    (2) Is not intended to detract from the legal or practical 
attributes of the system established by the Federal Register Act, the 
Administrative Procedure Act, the regulations of the Administrative 
Committee of the Federal Register, and the acts which require 
publication in the Federal Register.
    (d) The Director will carry out the responsibilities by applying the 
standards of part 51 fairly and uniformly.
    (e) Publication in the Federal Register of a document containing an 
incorporation by reference does not of itself constitute an approval of 
the incorporation by reference by the Director.
    (f) Incorporation by reference of a publication is limited to the 
edition of the publication that is approved. Future amendments or 
revisions of the publication are not included.



Sec. 51.3  When will the Director approve a publication?

    (a)(1) The Director will informally approve the proposed 
incorporation by reference of a publication when the preamble of a 
proposed rule meets the requirements of this part (See Sec. 51.5(a)).
    (2) If the preamble of a proposed rule does not meet the 
requirements of this part, the Director will return the document to the 
agency (See 1 CFR 2.4).
    (b) The Director will formally approve the incorporation by 
reference of a publication in a final rule when the following 
requirements are met:
    (1) The publication is eligible for incorporation by reference (See 
Sec. 51.7).
    (2) The preamble meets the requirements of this part (See Sec. 
51.5(b)(2)).
    (3) The language of incorporation meets the requirements of this 
part (See Sec. 51.9).
    (4) The publication is on file with the Office of the Federal 
Register.
    (5) The Director has received a written request from the agency to 
approve the incorporation by reference of the publication.
    (c) The Director will notify the agency of the approval or 
disapproval of an incorporation by reference in a final rule within 20 
working days after the agency has met all the requirements for 
requesting approvals (See Sec. 51.5).

[79 FR 66278, Nov. 7, 2014]



Sec. 51.5  How does an agency request approval?

    (a) For a proposed rule, the agency does not request formal approval 
but must:

[[Page 38]]

    (1) Discuss, in the preamble of the proposed rule, the ways that the 
materials it proposes to incorporate by reference are reasonably 
available to interested parties or how it worked to make those materials 
reasonably available to interested parties; and
    (2) Summarize, in the preamble of the proposed rule, the material it 
proposes to incorporate by reference.
    (b) For a final rule, the agency must request formal approval. The 
formal request package must:
    (1) Send a letter that contains a written request for approval at 
least 20 working days before the agency intends to submit the final rule 
document for publication;
    (2) Discuss, in the preamble of the final rule, the ways that the 
materials it incorporates by reference are reasonably available to 
interested parties and how interested parties can obtain the materials;
    (3) Summarize, in the preamble of the final rule, the material it 
incorporates by reference;
    (4) Send a copy of the final rule document that uses the proper 
language of incorporation with the written request (See Sec. 51.9); and
    (5) Ensure that a copy of the incorporated material is on file at 
the Office of the Federal Register.
    (c) Agencies may consult with the Office of the Federal Register at 
any time with respect to the requirements of this part.

[79 FR 66278, Nov. 7, 2014]



Sec. 51.7  What publications are eligible?

    (a) A publication is eligible for incorporation by reference under 5 
U.S.C. 552(a) if it--
    (1) Conforms to the policy stated in Sec. 51.1;
    (2)(i) Is published data, criteria, standards, specifications, 
techniques, illustrations, or similar material; and
    (ii) Does not detract from the usefulness of the Federal Register 
publication system; and
    (3) Is reasonably available to and usable by the class of persons 
affected. In determining whether a publication is usable, the Director 
will consider--
    (i) The completeness and ease of handling of the publication; and
    (ii) Whether it is bound, numbered, and organized, as applicable.
    (b) The Director will assume that a publication produced by the same 
agency that is seeking its approval is inappropriate for incorporation 
by reference. A publication produced by the agency may be approved, if, 
in the judgment of the Director, it meets the requirements of paragraph 
(a) and possesses other unique or highly unusual qualities. A 
publication may be approved if it cannot be printed using the Federal 
Register/Code of Federal Regulations printing system.
    (c) The following materials are not appropriate for incorporation by 
reference:
    (1) Material published previously in the Federal Register.
    (2) Material published in the United States Code.

[47 FR 34108, Aug. 6, 1982, as amended at 79 FR 66278, Nov. 7, 2014]



Sec. 51.9  What is the proper language of incorporation?

    (a) The language incorporating a publication by reference must be 
precise, complete, and clearly state that the incorporation by reference 
is intended and completed by the final rule document in which it 
appears.
    (b) The language incorporating a publication by reference is precise 
and complete if it--
    (1) Uses the words ``incorporated by reference;''
    (2) States the title, date, edition, author, publisher, and 
identification number of the publication;
    (3) Informs the user that the incorporated publication is a 
requirement;
    (4) Makes an official showing that the publication is in fact 
available by stating where and how copies may be examined and readily 
obtained with maximum convenience to the user; and
    (5) Refers to 5 U.S.C. 552(a).
    (c) If the Director approves a publication for incorporation by 
reference in a final rule, the agency must include--
    (1) The following language under the DATES caption of the preamble 
to the final rule document (See 1 CFR 18.12 Preamble requirements):

[[Page 39]]

    The incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register as of --
------.
    (2) The preamble requirements set out in 51.5(b).
    (3) The term ``incorporation by reference'' in the list of index 
terms (See 1 CFR 18.20 Identification of subjects in agency 
regulations).

[47 FR 34108, Aug. 6, 1982, as amended at 79 FR 66278, Nov. 7, 2014]



Sec. 51.11  How does an agency change or remove an approved incorporation?

    (a) An agency that seeks approval for a change to a publication that 
is approved for incorporation by reference must--
    (1) Publish notice of the change in the Federal Register and amend 
the Code of Federal Regulations;
    (2) Ensure that a copy of the amendment or revision is on file at 
the Office of the Federal Register; and
    (3) Notify the Director of the Federal Register in writing that the 
change is being made.
    (b) If a regulation containing an incorporation by reference fails 
to become effective or is removed from the Code of Federal Regulations, 
the agency must notify the Director of the Federal Register in writing 
of that fact within 5 working days of the occurrence.

                         PARTS 52	299 [RESERVED]

[[Page 41]]



       CHAPTER III--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES




  --------------------------------------------------------------------
Part                                                                Page
300

[Reserved]

301             Organization and purpose....................          43
302-303

[Reserved]

304             Disclosure of records or information........          45
305-399

[Reserved]
                           PART 300 [RESERVED]

[[Page 43]]



PART 301_ORGANIZATION AND PURPOSE--Table of Contents



Sec.
301.1 Establishment and location.
301.2 Purposes.
301.3 Organization.
301.4 Activities.
301.5 Office of the Chairman.

    Authority: 5 U.S.C. 552, 591-96.

    Source: 75 FR 68941, Nov. 10, 2010, unless otherwise noted.



Sec. 301.1  Establishment and location.

    The Administrative Conference of the United States was established 
as a permanent independent agency of the Federal Government by the 
Administrative Conference Act (5 U.S.C. 591-96), as amended. The 
Conference offices are located at 1120 20th Street, NW., South Lobby, 
Suite 706, Washington, DC 20036. The offices are open from 8:30 a.m. to 
5 p.m., Monday through Friday, excluding legal holidays, unless 
otherwise stated. General correspondence and filings should be delivered 
to the foregoing address. Electronic filings should be transmitted as 
specified by the Conference. The public may obtain information about the 
Conference either by accessing its Web site at http://www.acus.gov, by 
calling the Conference offices at (202) 480-2080, or by contacting 
[email protected]. The Conference's recommendations may be obtained by 
accessing its Web site or by visiting the reading room at its offices.



Sec. 301.2  Purposes.

    The purposes of the Administrative Conference are--
    (a) To provide suitable arrangements through which Federal agencies, 
assisted by outside experts, may cooperatively study mutual problems, 
exchange information, and develop recommendations for action by proper 
authorities to the end that private rights may be fully protected and 
regulatory activities and other Federal responsibilities may be carried 
out expeditiously in the public interest;
    (b) To promote more effective public participation and efficiency in 
the rulemaking process;
    (c) To reduce unnecessary litigation in the regulatory process;
    (d) To improve the use of science in the regulatory process; and
    (e) To improve the effectiveness of laws applicable to the 
regulatory process.



Sec. 301.3  Organization.

    (a) The Chairman of the Administrative Conference of the United 
States is appointed by the President, with the advice and consent of the 
Senate, for a five-year term.
    (b) The Council consists of the Chairman and 10 other members who 
are appointed by the President for three-year terms, of whom not more 
than one-half may be employees of Federal regulatory agencies or 
Executive departments.
    (c) The total membership of the Conference may not, by statute, be 
lower than 75 or higher than 101. It comprises, in addition to the 
Council, approximately 50 Government members (from Executive departments 
and agencies designated by the President and independent regulatory 
boards or commissions) and approximately 40 non-Government or public 
members appointed by the Chairman with the approval of the Council 
(lawyers in private practice, scholars in the field of administrative 
law or government, or others specially informed by knowledge and 
experience with respect to Federal administrative procedure). Public 
members are selected so as to provide broad representation of the views 
of private citizens and utilize diverse experience.
    (d) Members of the Conference, except the Chairman, are not entitled 
to pay for service; although public members are entitled to travel 
reimbursement.
    (e) The membership is divided into six standing committees, each 
assigned a broad area of interest as follows: Adjudication, 
Administration, Public Processes, Judicial Review, Regulation, and 
Rulemaking.
    (f) The membership meeting in plenary session is called the Assembly 
of the Administrative Conference. The Council must call at least one 
plenary session each year. The Assembly has

[[Page 44]]

authority to adopt bylaws for carrying out the functions of the 
Conference.



Sec. 301.4  Activities.

    (a) The Conference may study the efficiency, adequacy, and fairness 
of the administrative procedure used by administrative agencies in 
carrying out administrative programs. Subjects for inquiry by the 
Conference are developed by the Chairman, the Council, the committees, 
and the Assembly. The committees, with the assistance of staff and 
consultants, conduct thorough studies of these subjects and develop 
proposed recommendations and supporting reports. Reports and 
recommendations are considered by the Council and distributed to the 
membership, with the views and recommendations of the Council, to be 
placed on the agenda of a plenary session. The Assembly has complete 
authority to approve, amend, remand, or reject recommendations presented 
by the committees. The deliberations of the Assembly are public. 
Recommendations may be made to administrative agencies, collectively or 
individually, and to the President, Congress, or the Judicial Conference 
of the United States, as the Conference considers appropriate.
    (b) The Conference may arrange for interchange among administrative 
agencies of information potentially useful in improving administrative 
procedure, collect information and statistics from administrative 
agencies and publish such reports as it considers useful for evaluating 
and improving administrative procedure, and enter into arrangements with 
any administrative agency or major organizational unit within an 
administrative agency pursuant to which the Conference performs any of 
the functions described in this section.
    (c) The Conference may provide assistance in response to requests 
relating to the improvement of administrative procedure in foreign 
countries, subject to the concurrence of the Secretary of State or the 
Administrator of the Agency for International Development, as 
appropriate, except that:
    (1) Such assistance shall be limited to the analysis of issues 
relating to administrative procedure, the provision of training of 
foreign officials in administrative procedure, and the design or 
improvement of administrative procedure, where the expertise of members 
of the Conference is indicated; and
    (2) Such assistance may only be undertaken on a fully reimbursable 
basis, including all direct and indirect administrative costs.
    (d) For purposes of this section:
    (1) ``Administrative program'' includes a Federal function which 
involves protection of the public interest and the determination of 
rights, privileges, and obligations of private persons through 
rulemaking, adjudication, licensing, or investigation, except that it 
does not include a military or foreign affairs function of the United 
States; and
    (2) ``Administrative procedure'' means procedure used in carrying 
out an administrative program and is to be broadly construed to include 
any aspect of agency organization, procedure, or management which may 
affect the equitable consideration of public and private interests, the 
fairness of agency decisions, the speed of agency action, and the 
relationship of operating methods to later judicial review, but does not 
include the scope of agency responsibility as established by law or 
matters of substantive policy committed by law to agency discretion.



Sec. 301.5  Office of the Chairman.

    The Chairman is the chief executive of the Conference. The Chairman 
presides at meetings of the Council and at each plenary session of the 
Conference. Among his powers is the authority to encourage Federal 
agencies to adopt the recommendations of the Conference. The Chairman is 
also authorized to make inquiries into matters he considers important 
for Conference consideration, including matters proposed by individuals 
inside or outside the Federal Government. The purpose of such inquiries 
is not to review the results in particular cases, but rather to 
determine whether the problems should be made the subject of Conference 
study in the interests of developing fair and effective procedures for 
such cases. Upon request of the head of an agency, the Chairman is 
authorized to furnish assistance and advice on matters of administrative 
procedure.

[[Page 45]]

The Chairman may request agency heads to provide information needed by 
the Conference, which information shall be supplied to the extent 
permitted by law.

                        PARTS 302	303 [RESERVED]



PART 304_DISCLOSURE OF RECORDS OR INFORMATION--Table of Contents



  Subpart A_Procedures for Disclosure of Records Under the Freedom of 
                             Information Act

Sec.
304.1 General provisions.
304.2 Public reading room.
304.3 Requirements for making requests.
304.4 Responsibility for responding to requests.
304.5 Timing of responses to requests.
304.6 Responses to requests.
304.7 Business information.
304.8 Appeals.
304.9 Fees.
304.10 Preservation of records.
304.11 Other rights and services.

 Subpart B_Protection of Privacy and Access to Individual Records Under 
                         the Privacy Act of 1974

304.20 General provisions.
304.21 Requests for access to records.
304.22 Responsibility for responding to requests for access to records.
304.23 Responses to requests for access to records.
304.24 Appeals from denials of requests for access to records.
304.25 Requests for amendment or correction of records.
304.26 Requests for an accounting of record disclosures.
304.27 Fees.
304.28 Notice of court-ordered and emergency disclosures.
304.29 Security of systems of records.
304.30 Contracts for the operation of record systems.
304.31 Use and collection of social security numbers and other 
          information.
304.32 Employee standards of conduct.
304.33 Preservation of records.
304.34 Other rights and services.

    Source: 76 FR 18635, Apr. 5, 2011, unless otherwise noted.



  Subpart A_Procedures for Disclosure of Records Under the Freedom of 
                             Information Act

    Authority: 5 U.S.C. 552, 591-96.



Sec. 304.1  General provisions.

    (a) This subpart contains the rules that the Administrative 
Conference of the United States (``ACUS'' or ``the agency'') follows in 
processing requests for disclosure of records under the Freedom of 
Information Act (``FOIA'' or ``the Act''), 5 U.S.C. 552, as amended, and 
in meeting its responsibilities under the Act. Note that electronic 
records are treated as records for the purposes of the FOIA. These rules 
should be read together with the text of the FOIA itself, which provides 
additional information about access to records maintained by the agency. 
They also may be read in conjunction with the agency's ``Freedom of 
Information Act Reference Guide,'' which provides basic information 
about use of the Act in relation to the agency's records. Requests made 
by individuals for access to records about themselves under the Privacy 
Act of 1974, 5 U.S.C. 552a (2006 & Supp. II 2008), which are processed 
under subpart B of this part, are also processed under this subpart. The 
agency will automatically process the request under both provisions in 
order to provide the maximum possible records to the requester. 
Information routinely provided to the public as part of a regular agency 
activity (for example, press releases or recommendations adopted by the 
agency pursuant to the Administrative Conference Act, 5 U.S.C. 591 et 
seq.) may be provided to the public without following this subpart.
    (b) As a matter of policy, ACUS makes discretionary disclosures of 
records or information exempt from disclosure under the FOIA whenever it 
is determined that disclosure would not foreseeably harm an interest 
protected by a FOIA exemption, but this policy does not create any right 
enforceable in court.
    (c) The agency has designated its General Counsel as its Chief FOIA 
Officer, who has agency-wide responsibility

[[Page 46]]

for efficient and appropriate compliance with the FOIA and these 
implementing regulations. The General Counsel has designated the 
agency's Deputy General Counsel as its FOIA Public Liaison.



Sec. 304.2  Public reading room.

    (a) ACUS maintains a public reading room that affords access to the 
records that the FOIA requires it to make regularly available for public 
inspection and copying even in the absence of a FOIA request, including 
a current subject-matter index of its reading room records that will be 
updated quarterly with respect to newly included records.
    (b) ACUS also makes all reading room records that have been created 
by the agency regularly available to the public electronically on its 
Web site (http://www.acus.gov).



Sec. 304.3  Requirements for making requests.

    (a) How made and addressed. You may make a request for records by 
sending an e-mail message addressed to [email protected], or by using the 
FOIA Request form on the ACUS Web site at http://www.acus.gov/foia. You 
may also send a written request letter to the agency either by mail 
addressed to FOIA Public Liaison, Administrative Conference of the 
United States, 1120 20th Street, NW., South Lobby, Suite 706, 
Washington, DC 20036, or by fax delivery to (202) 386-7190. For the 
quickest possible handling of a mail request, you should mark both your 
request letter and the envelope ``Freedom of Information Act Request.'' 
(You may find the agency's ``Freedom of Information Act Reference 
Guide''--which is available on its Web site and in paper form--helpful 
in making your request.) If you are making a request for records about 
yourself, see Sec. 304.21(d) for additional requirements. If you are 
making a request for records about another individual, then either a 
written authorization signed by that individual permitting disclosure of 
those records to you or proof that that individual is deceased (for 
example, a copy of a death certificate or an obituary notice) will help 
the processing of your request. Your request will be considered received 
as of the date upon which it is logged in as received by the agency's 
FOIA Public Liaison.
    (b) Description of records sought. You must describe the records 
that you seek in enough detail to enable agency personnel to locate them 
with a reasonable amount of effort. Whenever possible, your request 
should include specific information about each record sought, such as 
the date, title or name, author, recipient, and subject matter of the 
record. If known, you should include any file designations or similar 
descriptions for the records that you want. As a general rule, the more 
specific you are about the records or type of records that you want, the 
more likely that the agency will be able to locate those records in 
response to your request. If the agency determines that your request 
does not reasonably describe records, then it will tell you either what 
additional information is needed or why your request is otherwise 
insufficient. It also will give you an opportunity to discuss your 
request by telephone so that you may modify it to meet the requirements 
of this section. Additionally, if your request does not reasonably 
describe the records you seek, the agency's response to it may be 
delayed as an initial matter.
    (c) Agreement to pay fees. When you make a FOIA request, it will be 
considered to be an agreement by you to pay all applicable fees charged 
under Sec. 304.9, up to $50.00, unless you specifically request a 
waiver of fees. The agency ordinarily will confirm this agreement in an 
acknowledgment letter. When making a request, you may specify a 
willingness to pay a greater or lesser amount. Your agreement will not 
prejudice your ability to seek a waiver or reduction of any applicable 
fee at a later time.



Sec. 304.4  Responsibility for responding to requests.

    (a) In general. The agency will be responsible for responding to a 
request in all respects, except in the case of a referral to another 
agency as is described in paragraphs (b), (c), and (d) of this section. 
In determining which records are responsive to a request, the agency 
ordinarily will include only records in its possession and control as of 
the date upon which it begins its search for

[[Page 47]]

them. If any other date is used, the agency will inform the requester of 
that date.
    (b) Consultations and referrals. When the agency receives a request 
for a record in its possession and control, it will determine whether 
another agency of the Federal Government is better able to determine 
whether the record is exempt from disclosure under the FOIA and, if so, 
whether it should be disclosed as a matter of administrative discretion. 
If the agency determines that it is best able to process the record in 
response to the request, then it will do so. If the agency determines 
that it is not best able to process the record, then it will either:
    (1) Respond to the request regarding that record, after consulting 
with the agency that is best able to determine whether to disclose it 
and with any other agency that has a substantial interest in it; or
    (2) Refer the responsibility for responding to the request regarding 
that record to another agency that originated the record (but only if 
that agency is subject to the FOIA). Ordinarily, the agency that 
originated a record will be presumed to be best able to determine 
whether to disclose it.
    (c) Notice of referral. When the agency refers all or any part of 
the responsibility for responding to a request to another agency, it 
ordinarily will notify the requester of the referral and inform the 
requester of the name of the agency to which the request has been 
referred and of the part of the request that has been referred.
    (d) Timing of responses to consultations and referrals. All 
consultations and referrals will be handled according to the date upon 
which the FOIA request initially was received by the first agency, and 
not any later date.
    (e) Agreements regarding consultations and referrals. The agency may 
make agreements with other agencies designed to eliminate the need for 
consultations or referrals regarding particular types of records.



Sec. 304.5  Timing of responses to requests.

    (a) In general. The agency ordinarily will respond to requests 
according to their order of receipt.
    (b) Multi-track processing. The agency may use two or more 
processing tracks by distinguishing between simple and more complex 
requests based on the amount of work and/or time needed to process the 
request, including according to the number of pages involved. If it does 
so, then it will advise requesters in its slower track(s) of the limits 
of its faster track(s) and may provide requesters in its slower track(s) 
with an opportunity to limit the scope of their requests in order to 
qualify for faster processing within the specified limits of its faster 
track(s). The agency will contact the requester by telephone, e-mail or 
letter, whichever is most efficient, in each case.
    (c) Unusual circumstances. (1) Where the statutory time limits for 
processing a request cannot be met because of ``unusual circumstances,'' 
as defined in the FOIA, and the agency determines to extend the time 
limits on that basis, it will as soon as practicable notify the 
requester in writing of the unusual circumstances and of the date by 
which processing of the request can be expected to be completed. Where 
the extension is for more than ten business days, it will provide the 
requester with an opportunity either to modify the request so that it 
may be processed within the time limits or to arrange an alternative 
time period processing the request or a modified request.
    (2) Where the agency reasonably believes that multiple requests 
submitted by a requester, or by a group of requesters acting in concert, 
constitute a single request that would otherwise involve unusual 
circumstances, and the requests involve clearly related matters, they 
may be aggregated. Multiple requests involving unrelated matters will 
not be aggregated.
    (d) Expedited processing. (1) Requests and appeals will be taken out 
of order and given expedited treatment whenever it is determined that 
they involve:
    (i) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (ii) An urgency to inform the public concerning actual or alleged 
federal

[[Page 48]]

government activity, if made by a person primarily engaged in 
disseminating information; or
    (iii) Other circumstances as determined by the agency.
    (2) A request for expedited processing may be made at the time of 
the initial request for records (i.e., as part of the initial request) 
or at any later time.
    (3) A requester who seeks expedited processing must submit a 
statement, certified to be true and correct to the best of that person's 
knowledge and belief, explaining in detail the basis for requesting 
expedited processing. For example, a requester within the category in 
paragraph (d)(1)(ii) of this section, if not a full-time member of the 
news media, must establish that he or she is a person whose main 
professional activity or occupation is information dissemination, though 
it need not be his or her sole occupation. That requester also must 
establish a particular urgency to inform the public about the government 
activity involved in the request, beyond the public's right to know 
about government activity generally. The formality of certification may 
be waived by the agency as a matter of administrative discretion.
    (4) Within ten calendar days of its receipt of a request for 
expedited processing, the agency will decide whether to grant it and 
will notify the requester of the decision. If a request for expedited 
treatment is granted, then the request will be given priority and will 
be processed as soon as practicable. If a request for expedited 
processing is denied, then any appeal of that decision will be acted on 
expeditiously.



Sec. 304.6  Responses to requests.

    (a) Acknowledgments of requests. On receipt of a request, if the 
agency cannot provide the requested information within two business 
days, then an acknowledgment letter or e-mail message will be sent to 
the requester that will confirm the requester's agreement to pay fees 
under Sec. 304.3(c) and will provide a request tracking number for 
further reference. Requesters may use this tracking number to determine 
the status of their request--including the date of its receipt and the 
estimated date on which action on it will be completed--by calling the 
agency's FOIA Public Liaison at (202) 480-2080. In some cases, the 
agency may seek further information or clarification from the requester.
    (b) Grants of requests. Ordinarily, the agency will have twenty 
business days from when a request is received to determine whether to 
grant or deny the request. Once the agency makes such a determination, 
it will immediately notify the requester in writing. The agency will 
inform the requester in the notice of any fee charged under Sec. 304.9 
and will disclose records to the requester promptly upon payment of any 
applicable fee. Records disclosed in part will be marked or annotated to 
show the amount of information deleted, unless doing so would harm an 
interest protected by an applicable exemption. The location of the 
information deleted also will be indicated on the record, if technically 
feasible.
    (c) Adverse determinations of requests. Whenever the agency makes an 
adverse determination denying a request in any respect, it will notify 
the requester of that determination in writing. Adverse determinations, 
or denials of requests, consist of: A determination to withhold any 
requested record in whole or in part; a determination that a requested 
record does not exist or cannot be located; a determination that a 
record is not readily reproducible in the form or format sought by the 
requester; a determination that what has been requested is not a record 
subject to the FOIA; a determination on any disputed fee matter, 
including a denial of a request for a fee waiver; and a denial of a 
request for expedited treatment. The denial letter will include:
    (1) The name and title or position of the person responsible for the 
denial;
    (2) A brief statement of the reason(s) for the denial, including any 
FOIA exemption(s) applied by the agency in denying the request;
    (3) An estimate of the volume of records or information withheld, in 
number of pages or in some other reasonable form of estimation. This 
estimate does not need to be provided if the volume is otherwise 
indicated through deletions on records disclosed in part, or if 
providing an estimate

[[Page 49]]

would harm an interest protected by an applicable exemption; and
    (4) An indication on the released portion of a record of each 
exemption applied, at the place at which it was applied, if technically 
feasible.
    (5) A statement that the denial may be appealed under Sec. 304.8(a) 
and a description of the requirements of Sec. 304.8(a).



Sec. 304.7  Business information.

    (a) In general. Business information obtained by the agency will be 
disclosed under the FOIA only under this section and in accordance with 
Executive Order 12,600, 3 CFR part 235 (1988).
    (b) Definitions. For purposes of this section:
    (1) ``Business information'' means privileged or confidential 
commercial or financial information obtained by the agency from a 
submitter that may be protected from disclosure under Exemption 4 of the 
FOIA.
    (2) ``Submitter'' means any person or entity from whom the agency 
obtains business information, either directly or indirectly. The term 
includes corporations; state, local, and tribal governments; and foreign 
governments.
    (c) Designation of business information. A submitter of business 
information will use good-faith efforts to designate, by appropriate 
markings, either at the time of submission or at a reasonable time 
thereafter, any and all portion(s) of its submission that it considers 
to be protected from disclosure under Exemption 4. These designations 
will expire ten years after the date of the submission unless the 
submitter requests, and provides justification for, a longer designation 
period.
    (d) Notice to submitters. The agency will provide a submitter with 
prompt written notice of a FOIA request or administrative appeal that 
seeks its business information wherever required under paragraph (e) of 
this section, except as provided in paragraph (h) of this section, in 
order to give the submitter an opportunity to object to disclosure of 
any specified portion of that information under paragraph (f) of this 
section. The notice will either describe the business information 
requested or include copies of the requested records or record portions 
containing the information. When notification of a voluminous number of 
submitters is required, notification may be made by posting or 
publishing the notice in a place reasonably likely to accomplish it.
    (e) Where notice is required. Notice will be given to a submitter 
wherever:
    (1) The information has been designated in good faith by the 
submitter as information considered protected from disclosure under 
Exemption 4; or
    (2) The agency has reason to believe that the information may be 
protected from disclosure under Exemption 4.
    (f) Opportunity to object to disclosure. The agency will allow a 
submitter a reasonable time to respond to the notice described in 
paragraph (d) of this section and will specify that time period within 
the notice. If a submitter has any objection to disclosure, it is 
required to submit a detailed written statement. The statement must 
specify all grounds for withholding any portion of the information under 
any exemption of the FOIA and, in the case of Exemption 4, it must show 
why the information is a trade secret or commercial or financial 
information that is privileged or confidential. In the event that a 
submitter fails to respond to the notice within the time specified in 
it, the submitter will be considered to have no objection to disclosure 
of the information. Information provided by the submitter that is not 
received by the agency until after its disclosure decision has been made 
will not be considered by the agency. Information provided by a 
submitter under this paragraph may itself be subject to disclosure under 
the FOIA.
    (g) Notice of intent to disclose. The agency will consider a 
submitter's objections and specific grounds for nondisclosure in 
deciding whether to disclose business information. Whenever the agency 
decides to disclose business information over the objection of a 
submitter, it will give the submitter written notice, which will 
include:
    (1) A statement of the reason(s) why each of the submitter's 
disclosure objections was not sustained;
    (2) A description of the business information to be disclosed; and
    (3) A specified disclosure date, which will be a reasonable time 
subsequent to the notice.

[[Page 50]]

    (h) Exceptions to notice requirements. The notice requirements of 
paragraphs (d) and (g) of this section will not apply if:
    (1) The agency determines that the information should not be 
disclosed;
    (2) The information lawfully has been published or has been 
officially made available to the public;
    (3) Disclosure of the information is required by statute (other than 
the FOIA) or by a regulation issued in accordance with the requirements 
of Executive Order 12,600; or
    (4) The designation made by the submitter under paragraph (c) of 
this section appears obviously frivolous--except that, in such a case, 
the agency will, within a reasonable time prior to a specified 
disclosure date, give the submitter written notice of any final decision 
to disclose the information.
    (i) Notice of FOIA lawsuit. Whenever a requester files a lawsuit 
seeking to compel the disclosure of business information, the agency 
will promptly notify the submitter.
    (j) Corresponding notice to requesters. Whenever the agency provides 
a submitter with notice and an opportunity to object to disclosure under 
paragraph (d) of this section, it will also notify the requester(s). 
Whenever the agency notifies a submitter of its intent to disclose 
requested information under paragraph (g) of this section, it will also 
notify the requester(s). Whenever a submitter files a lawsuit seeking to 
prevent the disclosure of business information, the agency will notify 
the requester(s).



Sec. 304.8  Appeals.

    (a) Appeals of adverse determinations. If you are dissatisfied with 
the response to your request, you may appeal an adverse determination 
denying your request, in any respect, to the Chairman of the agency. You 
must make your appeal in writing, by e-mail or letter, and it must be 
received by the agency within 60 days of the date of the agency's 
response denying your request. Your appeal should provide reasons and 
supporting information as to why the initial determination was 
incorrect. The appeal should clearly identify the particular 
determination (including the assigned request number, if known) that you 
are appealing. For the quickest possible handling of a mail request, you 
should mark your appeal ``Freedom of Information Act Appeal.'' The 
Chairman or his or her designee will act on the appeal, except that an 
appeal ordinarily will not be acted on if the request becomes a matter 
of FOIA litigation.
    (b) Responses to appeals. The decision on your appeal will be made 
by e-mail or letter, ordinarily within 20 business days of receipt of 
your appeal. A decision affirming an adverse determination in whole or 
in part will contain a statement of the reason(s) for the affirmance, 
including any FOIA exemption(s) applied, and will inform you of the FOIA 
provisions for court review of the decision. (You also may be aware of 
the mediation services that are offered by the Office of Government 
Information Services (``OGIS'') of the National Archives and Records 
Administration--see http://www.archives.gov/ogis/--as a non-exclusive 
alternative to FOIA litigation.) If the adverse determination is 
reversed or modified on appeal, in whole or in part, then you will be 
notified in a written decision and your request will be reprocessed in 
accordance with that appeal decision.
    (c) When appeal is required. As a general rule, if you wish to seek 
review by a court of any adverse determination, you must first appeal it 
in a timely fashion under this section.



Sec. 304.9  Fees.

    (a) In general. The agency will charge for processing requests under 
the FOIA in accordance with paragraph (c) of this section, except where 
fees are limited under paragraph (d) of this section, where a waiver or 
reduction of fees is granted under paragraph (k) of this section, or 
where the agency's FOIA staff waives fees in whole or in part because 
they are deemed to be inappropriate or unreasonable--and in some cases 
the agency may seek further information or clarification from the 
requester for this purpose. The agency ordinarily will collect all 
applicable fees before sending copies of requested records to a 
requester. Requesters must pay fees by check or money order made payable 
to the Treasury of the United States.

[[Page 51]]

    (b) Definitions. For purposes of this section:
    (1) ``Commercial use request'' means a request from or on behalf of 
a person who seeks information for a use or purpose that furthers his or 
her commercial, trade, or profit interests, including furthering those 
interests through litigation. The agency will determine, whenever 
reasonably possible, the use to which a requester will put the requested 
records. When it appears that the requester will put the records to a 
commercial use, either because of the nature of the request itself or 
because the agency has reasonable cause to doubt a requester's stated 
use, the agency will provide the requester a reasonable opportunity to 
submit further clarification.
    (2) ``Direct costs'' means those expenses that an agency actually 
incurs in searching for and duplicating (and, in the case of commercial 
use requests, reviewing) records to respond to a FOIA request. Direct 
costs include, for example, the salary of the employee performing the 
work (the basic rate of pay for the employee, plus 16 percent of that 
rate to cover benefits) and the cost of operating duplication machinery. 
Not included in direct costs are overhead expenses such as the costs of 
space and heating or lighting of the facility in which the records are 
kept.
    (3) ``Duplication'' means the making of a copy of a record, or of 
the information contained in it, necessary to respond to a FOIA request. 
Copies can take the form of paper, audiovisual materials, or electronic 
records, among others. The agency will honor a requester's specified 
preference of form or format of disclosure if the record is readily 
reproducible with reasonable efforts in the requested form or format.
    (4) ``Educational institution'' means a preschool, a public or 
private elementary or secondary school, an institution of undergraduate 
higher education, an institution of graduate higher education, an 
institution of professional education, or an institution of vocational 
education, that operates a program of scholarly research. To qualify 
under this category, a requester must show that the request is 
authorized by and is made under the auspices of a qualifying institution 
and that the records are not sought for a commercial use but are sought 
to further scholarly research.
    (5) ``Noncommercial scientific institution'' means an institution 
that is not operated on a ``commercial'' basis, as that term is defined 
in paragraph (b)(1) of this section, and that is operated solely for the 
purpose of conducting scientific research the results of which are not 
intended to promote any particular product or industry. To qualify under 
this category, a requester must show that the request is authorized by 
and is made under the auspices of a qualifying institution and that the 
records are not sought for a commercial use but are sought to further 
scientific research.
    (6) ``Representative of the news media,'' or ``news-media 
requester,'' means any person or entity that gathers information of 
potential interest to a segment of the public, uses its editorial skills 
to turn the raw materials into a distinct work, and distributes that 
work to an audience. For this purpose, the term ``news'' means 
information that is about current events or that would be of current 
interest to the public. Examples of news-media entities are television 
or radio stations broadcasting to the public at large and publishers of 
periodicals (but only if such entities qualify as disseminators of 
``news'') who make their products available for purchase by or 
subscription by or free distribution to the general public. These 
examples are not all-inclusive. Moreover, as methods of news delivery 
evolve (for example, the adoption of the electronic dissemination of 
newspapers through telecommunications services), such alternative media 
shall be considered to be news-media entities. A freelance journalist 
shall be regarded as working for a news-media entity if the journalist 
can demonstrate a solid basis for expecting publication through that 
entity, whether or not the journalist is actually employed by the 
entity. A publication contract would present a solid basis for such an 
expectation; the agency may also consider the past publication record of 
the requester in making such a determination. To qualify under this 
category, a requester must not be seeking the requested records for a

[[Page 52]]

commercial use. A request for records supporting the news-dissemination 
function of the requester will not be considered to be for a commercial 
use.
    (7) ``Review'' means the examination of a record located in response 
to a request in order to determine whether any portion of it is exempt 
from disclosure. It also includes processing any record for disclosure--
for example, doing all that is necessary to redact it and prepare it for 
disclosure. Review costs are recoverable even if a record ultimately is 
not disclosed. Review time includes time spent considering any formal 
objection to disclosure made by a business submitter under Sec. 304.7 
but does not include time spent resolving general legal or policy issues 
regarding the application of exemptions.
    (8) ``Search'' means the process of looking for and retrieving 
records or information responsive to a request. It includes page-by-page 
or line-by-line identification of information within records and also 
includes reasonable efforts to locate and retrieve information from 
records maintained in electronic form or format. The agency will conduct 
searches in the most efficient and least expensive manner reasonably 
possible. For example, it will not search on a line-by-line basis where 
duplicating an entire document would be quicker and less expensive.
    (c) Fees charged. In responding to FOIA requests, the agency will 
charge the following fees unless a waiver or reduction of fees has been 
granted under paragraph (k) of this section:
    (1) Search. (i) Search fees will be charged for all requests (other 
than requests made by educational institutions, noncommercial scientific 
institutions, or representatives of the news media) subject to the 
limitations of paragraph (d) of this section. The agency may charge for 
time spent searching even if it does not locate any responsive record or 
if it withholds the record(s) located as entirely exempt from 
disclosure.
    (ii) For each quarter hour spent by clerical personnel in searching 
for and retrieving a requested record, the fee will be $5.00. Where a 
search and retrieval cannot be performed entirely by clerical personnel 
(for example, where the identification of records within the scope of a 
request requires the use of professional personnel) the fee will be 
$10.00 for each quarter hour of search time spent by professional 
personnel. Where the time of managerial personnel is required, the fee 
will be $15.00 for each quarter hour of time spent by those personnel.
    (iii) For computer searches of records, requesters will be charged 
the direct costs of conducting the search, although certain requesters 
(as provided in paragraph (d)(1) of this section) will be charged no 
search fee and certain other requesters (as provided in paragraph (d)(3) 
of this section) will be entitled to the cost equivalent of two hours of 
manual search time without charge. These direct costs will include the 
costs of operator/programmer salary apportionable to the search.
    (2) Duplication. Duplication fees will be charged to all requesters, 
subject to the limitations of paragraph (d) of this section. For a paper 
photocopy of a record (no more than one copy of which need be supplied), 
the fee will be ten cents per page. For copies produced by computer, 
such as tapes, disks, or printouts, the agency will charge the direct 
costs, including operator time, of producing the copy. For other forms 
of duplication, the agency will charge the direct costs of that 
duplication.
    (3) Review. Review fees will be charged to requesters who make a 
commercial use request. Review fees will be charged only for the initial 
record review, when the agency determines whether an exemption applies 
to a particular record or record portion at the initial request level. 
No charge will be made for review at the administrative appeal level 
regarding an exemption already applied. However, records or record 
portions withheld under an exemption that is subsequently determined not 
to apply may be reviewed again to determine whether any other exemption 
not previously considered applies; the costs of that review are 
chargeable where it is made necessary by such a change of circumstances. 
Review fees will be charged at the same rates as those used for a search 
under paragraph (c)(1)(ii) of this section.
    (d) Limitations on charging fees. (1) No search fee will be charged 
for requests

[[Page 53]]

by educational institutions, noncommercial scientific institutions, or 
representatives of the news media.
    (2) No search fee or review fee will be charged for a quarter-hour 
period unless more than half of that period is required for search or 
review.
    (3) Except for requesters seeking records for a commercial use, the 
agency will provide without charge:
    (i) The first 100 pages of duplication (or the cost equivalent); and
    (ii) The first two hours of search (or the cost equivalent).
    (4) Whenever a total fee calculated under paragraph (c) of this 
section is $20.00 or less for any request, no fee will be charged.
    (5) The provisions of paragraphs (d)(3) and (4) of this section work 
together. This means that for requesters other than those seeking 
records for a commercial use, no fee will be charged unless the cost of 
search in excess of two hours plus the cost of duplication in excess of 
100 pages totals more than $20.00.
    (6) In the case of any request on which the agency does not comply 
with any of the time limits of the FOIA and for which no ``unusual or 
exceptional circumstances'' exist, as those terms are defined by the 
FOIA, the agency will not charge any search fee or, for such requests 
made by educational institutions, noncommercial scientific institutions, 
or representatives of the news media, will not charge any duplication 
fee.
    (e) Notice of anticipated fees in excess of $50.00. When the agency 
determines or estimates that the fees to be charged under this section 
will amount to more than $50.00, it will notify the requester of the 
actual or estimated amount of the fees, unless the requester has 
indicated a willingness to pay fees as high as those anticipated. If 
only a portion of the fee can be estimated readily, the agency will 
advise the requester that the estimated fee might be only a portion of 
the total fee. In cases in which a requester has been notified that 
actual or estimated fees amount to more than $50.00, the request will 
not be considered received and further work will not be done on it until 
the requester agrees to pay the total anticipated fee. Any such 
agreement should be memorialized in writing. A notice under this 
paragraph will offer the requester an opportunity to discuss the matter 
with agency personnel in order to reformulate the request to meet the 
requester's needs at a lower cost.
    (f) Charges for other services. Apart from the other provisions of 
this section, when the agency chooses as a matter of administrative 
discretion to provide a special service--such as certifying that records 
are true copies or sending them by other than ordinary mail--the direct 
costs of providing the service ordinarily will be charged.
    (g) Charging interest. The agency may charge interest on any unpaid 
bill starting on the 31st day following the date of the billing of the 
requester. Interest charges will be assessed at the rate provided in 31 
U.S.C. 3717 and will accrue from the date of the billing until payment 
is received by the agency. The agency will follow the provisions of the 
Debt Collection Act of 1982, Public Law 97-365, 96 Stat. 1749, as 
amended, and regulations pursuant thereto.
    (h) Aggregating requests. Wherever the agency reasonably believes 
that a requester or a group of requesters acting together is attempting 
to divide a request into a series of requests for the purpose of 
avoiding fees, it may aggregate those requests and charge accordingly. 
In so doing, it will presume that multiple requests of this type made 
within a 30-day period have been made in order to avoid fees. Where 
requests are separated by a longer period, the agency will aggregate 
them only where there exists a solid basis for determining that 
aggregation is warranted under all the circumstances involved. Multiple 
requests involving unrelated matters will not be aggregated.
    (i) Advance payments. (1) For requests other than those described in 
paragraphs (i)(2) and (i)(3) of this section, the agency will not 
require the requester to make an advance payment--in other words, a 
payment made before work is begun or continued on a request. Payment 
owed for work already completed (i.e., a prepayment before copies are 
sent to a requester) is not an advance payment.

[[Page 54]]

    (2) Where the agency determines or estimates that a total fee to be 
charged under this section will be more than $250.00, it may require the 
requester to make an advance payment of an amount up to the amount of 
the entire anticipated fee before beginning to process the request, 
except where it receives a satisfactory assurance of full payment from a 
requester that has a history of prompt payment.
    (3) Where a requester has previously failed to pay a properly 
charged FOIA fee to any agency within 30 days of the date of billing, 
the agency may require the requester to pay the full amount due, plus 
any applicable interest, and to make an advance payment of the full 
amount of any anticipated fee, before it begins to process a new request 
or continues to process a pending request from that requester.
    (4) In cases in which the agency requires advance payment or payment 
due under paragraph (i)(2) or (i)(3) of this section, the request will 
not be considered received and further work will not be done on it until 
the required payment is received.
    (j) Other statutes specifically providing for fees. The fee schedule 
of this section does not apply to fees charged under any statute that 
specifically requires an agency to set and collect fees for particular 
types of records. In cases in which records responsive to requests are 
maintained for distribution by another agency under such a statutorily 
based fee schedule program, ACUS will inform the requesters of the steps 
for obtaining records from those sources so that they may do so most 
economically.
    (k) Requirements for waiver or reduction of fees. (1) Records 
responsive to a request will be furnished without charge or at a charge 
reduced below that established under paragraph (c) of this section where 
the agency determines, based on all available information, that the 
requester has demonstrated that:
    (i) Disclosure of the requested information is in the public 
interest because it is likely to contribute significantly to public 
understanding of the operations or activities of the government, and
    (ii) Disclosure of the information is not primarily in the 
commercial interest of the requester.
    (2) To determine whether the first fee waiver requirement is met, 
the agency will consider the following factors:
    (i) The subject of the request: Whether the subject of the requested 
records concerns ``the operations or activities of the government.'' The 
subject of the requested records must concern identifiable operations or 
activities of the federal government, with a connection that is direct 
and clear, not remote or attenuated.
    (ii) The informative value of the information to be disclosed: 
Whether the disclosure is ``likely to contribute'' to an understanding 
of government operations or activities. The disclosable portions of the 
requested records must be meaningfully informative about government 
operations or activities in order to be ``likely to contribute''' to an 
increased public understanding of those operations or activities.
    (iii) The contribution to an understanding of the subject by the 
public likely to result from disclosure: Whether disclosure of the 
requested information will contribute to ``public understanding.'' The 
disclosure must contribute to the understanding of a reasonably broad 
audience of persons interested in the subject, as opposed to the 
individual understanding of the requester. A requester's expertise in 
the subject area and ability and intention to convey information 
effectively to the public will be considered. It will be presumed that a 
representative of the news media satisfies this consideration.
    (iv) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute ``significantly'' to 
public understanding of government operations or activities. The 
public's understanding of the subject in question, as compared to the 
level of public understanding existing prior to the disclosure, must be 
enhanced by the disclosure to a significant extent. The agency will not 
make value judgments about whether information that would contribute 
significantly to public understanding of the

[[Page 55]]

operations or activities of the government is ``important'' enough to be 
made public.
    (3) To determine whether the second fee waiver requirement is met, 
the agency will consider the following factors:
    (i) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure. The agency will consider any commercial interest 
of the requester (with reference to the definition of ``commercial use'' 
in paragraph (b)(1) of this section), or of any person on whose behalf 
the requester may be acting, that would be furthered by the requested 
disclosure. Requesters will be given an opportunity in the 
administrative process to provide explanatory information regarding this 
consideration.
    (ii) The primary interest in disclosure: Whether any identified 
commercial interest of the requester is sufficiently large, in 
comparison with the public interest in disclosure, that disclosure is 
``primarily in the commercial interest of the requester.'' A fee waiver 
or reduction is justified where the public interest standard is 
satisfied and that public interest is greater in magnitude than that of 
any identified commercial interest in disclosure. The agency ordinarily 
will presume that where a news-media requester has satisfied the public 
interest standard, the public interest will be the interest primarily 
served by disclosure to that requester. Disclosure to data brokers or 
others who merely compile and market government information for direct 
economic return will not be presumed primarily to serve the public 
interest.
    (4) Where only some of the records to be released satisfy the 
requirements for a waiver of fees, a waiver will be granted for those 
records.
    (5) Requests for the waiver or reduction of fees should address the 
factors listed in paragraphs (k)(2) and (k)(3) of this section insofar 
as they apply to each request. The agency will exercise its discretion 
to consider the cost-effectiveness of its investment of administrative 
resources in this decisionmaking process in deciding to grant waivers or 
reductions of fees.



Sec. 304.10  Preservation of records.

    (a) The agency will preserve all correspondence pertaining to the 
requests that it receives under this subpart, as well as copies of all 
requested records, until disposition or destruction is authorized by 
title 44 of the United States Code or the National Archives and Records 
Administration's General Records Schedule 14. Records will not be 
disposed of while they are the subject of a pending request, appeal, or 
lawsuit under the FOIA.
    (b) In the event that the agency contracts with another agency, 
entity, or person to maintain records for the agency for the purposes of 
records management, it will promptly identify such records in its 
``Freedom of Information Reference Guide'' and specify the particular 
means by which request for such records can be made.



Sec. 304.11  Other rights and services.

    Nothing in this subpart shall be construed to entitle any person, as 
of right, to any service or to the disclosure of any record to which 
such person is not entitled under the FOIA.



 Subpart B_Protection of Privacy and Access to Individual Records Under 
                         the Privacy Act of 1974

    Authority: 5 U.S.C. 552a, 591-96.



Sec. 304.20  General provisions.

    (a) Purpose and scope. This subpart contains the rules that the 
Administrative Conference of the United States (``ACUS'' or ``the 
agency'') follows under the Privacy Act of 1974 (``the Privacy Act''), 5 
U.S.C. 552a, as amended, regarding the protection of, and individual 
access to, certain records about individuals. These rules should be read 
together with and are governed by the Privacy Act itself, which provides 
additional information about records maintained on individuals. The 
rules in this subpart apply to all records in Privacy Act systems of 
records maintained by the agency, which are retrieved by an individual's 
name or personal identifier. They describe the procedures by which 
individuals may request access to records about themselves, request

[[Page 56]]

amendment or correction of those records, and request an accounting of 
disclosures of those records by the agency. In addition, the agency 
processes all Privacy Act requests for access to records under the 
Freedom of Information Act (``FOIA''), 5 U.S.C. 552, as amended, 
following the rules contained in subpart A of this part. Thus, all 
Privacy Act requests will be subject to exemptions for access to records 
only applicable under both FOIA and the Privacy Act.
    (b) Definitions. As used in this subpart:
    (1) ``Request for access to a record'' means a request made under 
Privacy Act, 5 U.S.C. 552a(d)(1).
    (2) ``Request for amendment or correction of a record'' means a 
request made under Privacy Act, 5 U.S.C. 552a(d)(2).
    (3) ``Request for an accounting'' means a request made under Privacy 
Act, 5 U.S.C. 552a(c)(3).
    (4) ``Requester'' means an individual who makes a request for 
access, a request for amendment or correction, or a request for an 
accounting under the Privacy Act.



Sec. 304.21  Requests for access to records.

    (a) How made and addressed. You may make a request for access to a 
record about yourself by appearing in person or by sending an e-mail 
message addressed to [email protected]. You may also send a written request 
letter to the agency either by mail addressed to 1120 20th Street, NW., 
South Lobby, Suite 706, Washington, DC 20036, or by fax delivery to 
(202) 386-7190. For the quickest possible handling of a mail request, 
you should mark both your request letter and the envelope ``Privacy Act 
Request.''
    (b) Description of records sought. You must describe the records 
that you want in enough detail to enable agency personnel to locate the 
system of records containing them with a reasonable amount of effort. 
Whenever possible, your request should describe the records sought, the 
time periods in which you believe they were compiled, and the name or 
identifying number of each system of records in which you believe they 
are kept. The agency publishes a notice in the Federal Register that 
describes its systems of records.
    (c) Agreement to pay fees. If you make a Privacy Act request for 
access to records, it will be considered an agreement by you to pay all 
applicable fees charged under Sec. 304.27, up to $50.00. Duplication 
fees in excess of $50.00 are subject to the requirements of Sec. 304.27 
of this subpart and the notification requirements in Sec. 304.9 of 
subpart A. The agency ordinarily will confirm this agreement in an 
acknowledgment letter. When making a request, you may specify a 
willingness to pay a greater or lesser amount.
    (d) Verification of identity. When you make a request for access to 
records about yourself, you must verify your identity. You must state 
your full name, current address, and date and place of birth. You must 
sign your request and your signature must either be notarized or 
submitted by you under 28 U.S.C. 1746, a law that permits statements to 
be made under penalty of perjury as a substitute for notarization. In 
order to help the identification and location of requested records, you 
may also, entirely at your option, include the last four digits of your 
social security number.



Sec. 304.22  Responsibility for responding to requests for access to records.

    (a) In general. The agency will be responsible for responding to a 
request in all respects, except in the case of a referral to another 
agency as is described in paragraphs (b), (c), and (d) of this section. 
In determining which records are responsive to a request, the agency 
ordinarily will include only records in its possession and control as of 
the date upon which it begins its search for them. If any other date is 
used, the agency will inform the requester of that date.
    (b) Consultations and referrals. When the agency receives a request 
for access to a record in its possession and control, it will determine 
whether another agency of the Federal Government, is better able to 
determine whether the record is exempt from access under the Privacy 
Act. If the agency determines

[[Page 57]]

that it is the agency best able to process the record in response to the 
request, then it will do so. If it determines that it is not best able 
to process the record, then it will either:
    (1) Respond to the request regarding that record, after consulting 
with the agency that is best able to determine whether the record is 
exempt from access and with any other agency that has a substantial 
interest in it; or
    (2) Refer the responsibility for responding to the request regarding 
that record to the agency that is best able to determine whether it is 
exempt from access, or to another agency that originated the record (but 
only if that agency is subject to the Privacy Act). Ordinarily, the 
agency that originated a record will be presumed to be best able to 
determine whether it is exempt from access.
    (c) Notice of referral. When the agency refers all or any part of 
the responsibility for responding to a request to another agency, it 
ordinarily will notify the requester of the referral and inform the 
requester of the name of the agency to which the request has been 
referred and of the part of the request that has been referred.
    (d) Timing of responses to consultations and referrals. All 
consultations and referrals will be handled according to the date upon 
which the Privacy Act access request was initially received by the first 
agency, not any later date.
    (e) Agreements regarding consultations and referrals. The agency may 
make agreements with other agencies designed to eliminate the need for 
consultations or referrals for particular types of records.



Sec. 304.23  Responses to requests for access to records.

    (a) Acknowledgments of requests. On receipt of a request, the agency 
ordinarily will send an acknowledgment letter to the requester that will 
confirm the requester's agreement to pay fees under Sec. 304.21(c) and 
provide an assigned request number for further reference. In some cases, 
the agency may seek further information or clarification from the 
requester.
    (b) Grants of requests for access. Once the agency makes a 
determination to grant a request for access in whole or in part, it will 
notify the requester in writing. The agency will inform the requester in 
the notice of any fee charged under Sec. 304.27 and will disclose 
records to the requester promptly on payment of any applicable fee. If a 
request is made in person, the agency may disclose records to the 
requester directly, in a manner not unreasonably disruptive of its 
operations, on payment of any applicable fee and with a written record 
made of the grant of the request. If a requester is accompanied by 
another person, the requester will be required to authorize in writing 
any discussion of the records in the presence of the other person.
    (c) Adverse determinations of requests for access. Upon making an 
adverse determination denying a request for access in any respect, the 
agency will notify the requester of that determination in writing. 
Adverse determinations, or denials of requests consist of: a 
determination to withhold any requested record in whole or in part; a 
determination that a requested record does not exist or cannot be 
located; a determination that what has been requested is not a record 
subject to the Privacy Act; a determination on any disputed fee matter; 
and a denial of a request for expedited treatment. The notification 
letter will include:
    (1) The name and title or position of the person responsible for the 
denial;
    (2) A brief statement of the reason(s) for the denial, including any 
Privacy Act exemption(s) applied in denying the request; and
    (3) A statement that the denial may be appealed under Sec. 
304.24(a) and a description of the requirements of Sec. 304.24(a).



Sec. 304.24  Appeals from denials of requests for access to records.

    (a) Appeals. If you are dissatisfied with the response to your 
request, you may appeal an adverse determination denying your request, 
in any respect, to the Chairman of the agency. You must make your appeal 
in writing, by e-mail or letter, and it must be received by the agency 
within 60 days of the date of the denial of your request. Your appeal 
letter should provide reasons and supporting information as to

[[Page 58]]

why the initial determination was incorrect. The appeal should clearly 
identify the particular determination (including the assigned request 
number, if known) that you are appealing. For the quickest possible 
handling of a mail request, you should mark your appeal letter and the 
envelope ``Privacy Act Appeal.'' The Chairman of the agency or his or 
her designee will act on the appeal, except that an appeal ordinarily 
will not be acted on if the request becomes a matter of FOIA or Privacy 
Act litigation.
    (b) Responses to appeals. The decision on your appeal will be made 
in writing. A decision affirming an adverse determination in whole or in 
part will include a brief statement of the reason(s) for the affirmance, 
including any exemption applied, and will inform you of the Privacy Act 
provisions for court review of the decision. If the adverse 
determination is reversed or modified on appeal in whole or in part, 
then you will be notified in a written decision and your request will be 
reprocessed in accordance with that appeal decision.
    (c) When appeal is required. As a general rule, if you wish to seek 
review by a court of any adverse determination or denial of a request, 
you must first appeal it under this section.



Sec. 304.25  Requests for amendment or correction of records.

    (a) How made and addressed. Unless the record is not subject to 
amendment or correction as stated in paragraph (f) of this section, you 
may make a request for amendment or correction of an ACUS record about 
yourself by following same procedures as in Sec. 304.21. Your request 
should identify each particular record in question, state the amendment 
or correction that you want, and state why you believe that the record 
is not accurate, relevant, timely, or complete. You may submit any 
documentation that you think would be helpful. If you believe that the 
same record is maintained in more than one system of records, you should 
state that.
    (b) Agency responses. Within ten business days of receiving your 
request for amendment or correction of records, the agency will send you 
a written acknowledgment of its receipt of your request. The agency will 
promptly notify you whether your request is granted or denied. If the 
agency grants your request in whole or in part, it will describe the 
amendment or correction made and will advise you of your right to obtain 
a copy of the corrected or amended record, in disclosable form. If the 
agency denies your request in whole or in part, it will send you a 
letter that will state:
    (1) The reason(s) for the denial; and
    (2) The procedure for appeal of the denial under paragraph (c) of 
this section, including the name and business address of the official 
who will act on your appeal.
    (c) Appeals. You may appeal a denial of a request for amendment or 
correction in the same manner as a denial of a request for access to 
records (see Sec. 304.24(a)) and the same procedures will be followed. 
The agency will ordinarily act on the appeal within 30 business days of 
receipt of the appeal, except that the Chairman of the agency may extend 
the time for response for good cause shown. If your appeal is denied, 
you will be advised of your right to file a Statement of Disagreement as 
described in paragraph (d) of this section and of your right under the 
Privacy Act for court review of the decision.
    (d) Statements of Disagreement. If your appeal under this section is 
denied in whole or in part, you have the right to file a Statement of 
Disagreement that states your reason(s) for disagreeing with the 
agency's denial of your request for amendment or correction. Statements 
of Disagreement must be concise, must clearly identify each part of any 
record that is disputed, and should be no longer than one typed page for 
each fact disputed. The agency will place your Statement of Disagreement 
in the system of records in which the disputed record is maintained and 
will mark the disputed record to indicate that a Statement of 
Disagreement has been filed and exactly where in the system of records 
it may be found.
    (e) Notification of amendment/correction or disagreement. Within 30 
business days of the amendment or correction of a record, the agency 
will notify all persons, organizations, or agencies to which it 
previously disclosed the

[[Page 59]]

record, if an accounting of that disclosure was made, that the record 
has been amended or corrected. If an individual has filed a Statement of 
Disagreement, the agency will append a copy of it to the disputed record 
whenever the record is disclosed and may also append a concise statement 
of its reason(s) for denying the request to amend or correct the record.
    (f) Records not subject to amendment or correction. The following 
records are not subject to amendment or correction:
    (1) Transcripts of testimony given under oath or written statements 
made under oath;
    (2) Transcripts of grand jury proceedings, judicial proceedings, or 
quasi-judicial proceedings, which are the official record of those 
proceedings; and
    (3) Any other record that originated with the courts.



Sec. 304.26  Requests for an accounting of record disclosures.

    (a) How made and addressed. Except where accountings of disclosures 
are not required to be kept (as stated in paragraph (b) of this 
section), you may make a request for an accounting of any disclosure 
that has been made by the agency to another person, organization, or 
agency of any record about you. This accounting contains the date, 
nature, and purpose of each disclosure, as well as the name and address 
of the person, organization, or agency to which the disclosure was made. 
Your request for an accounting should identify each particular record in 
question and should be made in writing to the agency, following the 
procedures in Sec. 304.21.
    (b) Where accountings are not required. The agency is not required 
to provide accountings to you where they relate to:
    (1) Disclosures for which accountings are not required to be kept 
(i.e., disclosures that are made to officers and employees of the agency 
and disclosures required under the FOIA); or
    (2) Disclosures made to law enforcement agencies for authorized law 
enforcement activities in response to written requests from a duly 
authorized representative of any such law enforcement agency specifying 
portion of the record desired and the law enforcement activity for which 
the record is sought.
    (c) Appeals. You may appeal a denial of a request for an accounting 
in the same manner as a denial of a request for access to records (see 
Sec. 304.24(a)) and the same procedures will be followed.



Sec. 304.27  Fees.

    The agency will charge fees for duplication of records under the 
Privacy Act in the same way in which it charges duplication fees under 
Sec. 304.9 of subpart A. No search or review fee may be charged for any 
record under the Privacy Act.



Sec. 304.28  Notice of court-ordered and emergency disclosures.

    (a) Court-ordered disclosures. When a record pertaining to an 
individual is required to be disclosed by a court order, the agency will 
make reasonable efforts to provide notice of such order to the 
individual. Notice will be given within a reasonable time after the 
agency's receipt of the order, except that in a case in which the order 
is not a matter of public record, the notice will be given only after 
the order becomes public. This notice will be mailed to the individual's 
last known address and will contain a copy of the order and a 
description of the information disclosed.
    (b) Emergency disclosures. Upon disclosing a record pertaining to an 
individual made under compelling circumstances affecting health or 
safety, the agency will notify that individual of the disclosure. This 
notice will be mailed to the individual's last known address and will 
state the nature of the information disclosed; the person, organization, 
or agency to which it was disclosed; the date of disclosure; and the 
compelling circumstances justifying the disclosure.



Sec. 304.29  Security of systems of records.

    (a) Administrative and physical controls. The agency will have 
administrative and physical controls to prevent unauthorized access to 
its systems of records, to prevent unauthorized disclosure of records, 
and to prevent physical damage to or destruction of

[[Page 60]]

records. The stringency of these controls corresponds to the sensitivity 
of the records that the controls protect. At a minimum, these controls 
are designed to ensure that:
    (1) Records are protected from public view;
    (2) The area in which records are kept is supervised during business 
hours in order to prevent unauthorized persons from having access to 
them;
    (3) Records are inaccessible to unauthorized persons outside of 
business hours; and
    (4) Records are not disclosed to unauthorized persons or under 
unauthorized circumstances in oral, written or any other form.
    (b) Restrictive procedures. The agency will implement practices and 
procedures that restrict access to records to only those individuals 
within the agency who must have access to those records in order to 
perform their duties and that prevent inadvertent disclosure of records.



Sec. 304.30  Contracts for the operation of record systems.

    Any approved contract for the operation of a record system will 
contain appropriate requirements issued by the General Services 
Administration in order to ensure compliance with the requirements of 
the Privacy Act for that record system. The contracting officer of the 
agency will be responsible for ensuring that the contractor complies 
with these contract requirements.



Sec. 304.31  Use and collection of social security numbers and other information.

    The agency will ensure that employees authorized to collect 
information are aware:
    (a) That individuals may not be denied any right, benefit, or 
privilege as a result of refusing to provide their social security 
numbers, unless the collection is authorized either by a statute or by a 
regulation issued prior to 1975;
    (b) That individuals requested to provide their social security 
numbers, or any other information collected from them, must be informed, 
before providing such information, of:
    (1) Whether providing social security numbers (or such other 
information) is mandatory or voluntary;
    (2) Any statutory or regulatory authority that authorizes the 
collection of social security numbers (or such other information);
    (3) The principal purpose(s) for which the information is intended 
to be used;
    (4) The routine uses that may be made of the information; and
    (5) The effects, in any, on the individual of not providing all or 
any part of the requested information; and
    (c) That, where the information referred to above is requested on a 
form, the requirements for informing such individuals are set forth on 
the form used to collect the information, or on a separate form that can 
be retained by such individuals.



Sec. 304.32  Employee standards of conduct.

    The agency will inform its employees of the provisions of the 
Privacy Act, including the scope of its restriction against disclosure 
of records maintained in a system of records without the prior written 
consent of the individual involved, and the Act's civil liability and 
criminal penalty provisions. Unless otherwise permitted by law, an 
employee of the agency will:
    (a) Collect from individuals and maintain only the information that 
is relevant and necessary to discharge the agency's responsibilities;
    (b) Collect information about an individual directly from that 
individual to the greatest extent practicable when the information may 
result in an adverse determination about an individual's rights, 
benefits, or privileges under Federal programs;
    (c) Inform each individual from whom information is collected of the 
information set forth in Sec. 304.31(b);
    (d) Ensure that the agency maintains no system of records without 
public notice and also notify appropriate agency officials of the 
existence or development of any system of records that is not the 
subject of a current or planned public notice;
    (e) Maintain all records that are used by it in making any 
determination

[[Page 61]]

about an individual with such accuracy, relevance, timeliness, and 
completeness as is reasonably necessary to ensure fairness to the 
individual in the determination;
    (f) Except as to disclosures made to an agency or made under the 
FOIA, make reasonable efforts, prior to disseminating any record about 
an individual, to ensure that the record is accurate, relevant, timely, 
and complete;
    (g) Maintain no record describing how an individual exercises his or 
her First Amendment rights unless such maintenance is expressly 
authorized by statute or by the individual about whom the record is 
maintained or is pertinent to and within the scope of an authorized law 
enforcement activity;
    (h) When required by the Privacy Act, maintain an accounting in the 
specified form of all disclosures of records by the agency to persons, 
organizations, or agencies;
    (i) Maintain and use records with care in order to prevent the 
unauthorized or inadvertent disclosure of a record to anyone; and
    (j) Notify the appropriate agency official of any record that 
contains information that the Privacy Act does not permit the agency to 
maintain.



Sec. 304.33  Preservation of records.

    The agency will preserve all correspondence pertaining to the 
requests that it receives under this subpart, as well as copies of all 
requested records, until disposition or destruction is authorized by 
title 44 of the United States Code or the National Archives and Records 
Administration's General Records Schedule 14. Records will not be 
disposed of while they are the subject of a pending request, appeal, or 
lawsuit under the Act.



Sec. 304.34  Other rights and services.

    Nothing in this subpart shall be construed to entitle any person, as 
of right, to any service or to the disclosure of any record to which 
such person is not entitled under the Privacy Act.

                        PARTS 305	399 [RESERVED]

[[Page 63]]



                   CHAPTER IV--MISCELLANEOUS AGENCIES




  --------------------------------------------------------------------


  Editorial Note: Federal agencies are required to publish regulations 
implementing the provisions of the Freedom of Information Act (5 U.S.C. 
552(a)), the Privacy Act of 1974 (Pub. L. 93-579, 5 U.S.C. 552a), the 
Government in the Sunshine Act (Pub. L. 94-409, 5 U.S.C. 552b), and 
section 504 of the Rehabilitation Act of 1973, as amended by section 119 
of the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (29 U.S.C. 794). While most agencies 
have existing chapter assignments in the Code of Federal Regulations, a 
few agencies do not. Since certain of these agencies are unlikely to be 
issuing regulations other than those relating to the acts mentioned 
above, the Director of the Office of the Federal Register has grouped 
these miscellaneous agencies into this chapter as an efficient means of 
administering the CFR system.
Part                                                                Page
400-424

[Reserved]

425             President's Commission on White House 
                    Fellowships.............................          65
455             National Capital Planning Commission 
                    (Privacy Act regulations)...............          67
456             National Capital Planning Commission Freedom 
                    of Information Act......................          69
457             Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the National 
                    Capital Planning Commission.............          81
500             Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the National 
                    Commission for Employment Policy........          87
                        PARTS 400	424 [RESERVED]

[[Page 65]]



PART 425_PRESIDENT'S COMMISSION ON WHITE HOUSE FELLOWSHIPS
--Table of Contents



Sec.
425.1 Purpose and scope.
425.2 Procedures for notification of existence of records pertaining to 
          individuals.
425.3 Procedure for requests for access to or disclosure of records 
          pertaining to individuals.
425.4 Correction of records.
425.5 Disclosure of records to agencies or persons other than the 
          individual to whom the record pertains.

    Authority: 5 U.S.C. 552a(f).

    Source: 40 FR 52416, Nov. 10, 1975; 40 FR 56651, Dec. 4, 1975, 
unless otherwise noted.



Sec. 425.1  Purpose and scope.

    This part sets forth the President's Commission on White House 
Fellowships procedures under the Privacy Act of 1974 as required by 5 
U.S.C. 552a(f). Information to applicants regarding the implementation 
of this Act is contained in the White House Fellowships Application 
Instructions.



Sec. 425.2  Procedures for notification of existence of records
pertaining to individuals.

    (a) The system of records, as defined in the Privacy Act of 1974, 
maintained by the President's Commission on White House Fellowships is 
listed annually in the Federal Register as required by that Act. Any 
person who wishes to know whether a system of records contains a record 
pertaining to him or her may either appear in person at Room 1308, 1900 
E Street, NW., on work days between the hours of 8:30 a.m. and 5 p.m. or 
may write to the President's Commission on White House Fellowships 
Administrative Officer, Washington, DC 20415 (Phone 202-382-4661). It is 
recommended that requests be made in writing.
    (b) Requests for notification of the existence of a record should 
state, if the requester is other than the individual to whom the record 
pertains, the relationship of the requester to that individual. (Note 
that requests will not be honored by the Commission pursuant to the 
Privacy Act unless made: (1) By the individual to whom the record 
pertains or (2) by such individual's legal guardian if the individual 
has been declared to be incompetent due to physical or mental incapacity 
or age by a court of competent jurisdiction.)
    (c) The Commission will acknowledge requests for the existence of 
records within 10 working days from the time it receives the request and 
will normally notify the requester of the existence or non-existence of 
records within 30 working days from receipt of request.
    (d) No special identity verification is required for individuals who 
wish to know whether a specific system of records pertains to them.

[40 FR 52416, Nov. 10, 1975; 40 FR 56651, Dec. 4, 1975, as amended at 40 
FR 59187, Dec. 22, 1975]



Sec. 425.3  Procedure for requests for access to or disclosure of
records pertaining to individuals.

    (a) Any person may request review of records pertaining to him by 
appearing at Room 1308, 1900 E Street, NW., Washington, DC on work days 
between the hours of 8:30 a.m. and 5 p.m. or by writing to the 
Commission on White House Fellowships Administrative Officer, 
Washington, DC 20415. (See paragraph (b) of this section for 
identification requirements.) The Commission will strive either to make 
the record available within 15 working days of the request or to inform 
the requester of the need for additional identification.
    (b) In the case of persons making requests by appearing at the 
Commission, reasonable identification such as employment identification 
cards, drivers licenses, or credit cards will normally be accepted as 
sufficient evidence of identity in the absence of any indications to the 
contrary.
    (c) Charges for copies of records will be at the rate of $0.10 per 
photocopy of each page. No charge will be made unless the charge as 
computed above would exceed $3 for each request or related series of 
requests. If a fee in excess of $25 would be required, the requester 
shall be notified and the fee must be tendered before the records will 
be copied. Remittances shall be in the form either of a personal check 
or

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bank draft drawn on a bank in the United States, or a money order. 
Remittances shall be made payable to the order of the Treasury of the 
United States and mailed or delivered to the Administrative Officer, 
President's Commission on White House Fellowships, 1900 E Street, NW., 
Washington, DC 20415.
    (d) Individuals will not be denied access to records pertaining to 
them.

[40 FR 52416, Nov. 10, 1975; 40 FR 56651, Dec. 4, 1975, as amended at 40 
FR 59187, Dec. 22, 1975]



Sec. 425.4  Correction of records.

    (a) An individual may request that a record or records pertaining to 
him or her be amended or corrected. Such requests shall be submitted in 
writing to the Administrative Officer at the Commission's business 
address.
    (b) The signature of the requester will be sufficient identification 
for requesting correction of records.
    (c) A request for amendment shall contain an exact description of 
the item or items sought to be amended and specific reasons for the 
requested amendment, as well as the individual's birthdate for purposes 
of verification of records.
    (d) Within 10 working days after receipt of a request to amend a 
record, the Administrative Officer shall transmit to the requester a 
written acknowledgement of receipt of request. No acknowledgement is 
required if the request can be reviewed and processed with notification 
to the individual of compliance or denial within the ten-day period. 
Requester will be notified within 30 days whether or not his or her 
request has been granted.
    (e) If the Administrative Officer determines that the requested 
amendment is appropriate to insure that the record is:
    (1) Relevant and necessary to accomplish the purposes for which the 
records were collected; and
    (2) As accurate, timely, and complete as are reasonably necessary to 
assure fairness to the requester, the Administrative Officer shall:
    (i) Change the record accordingly;
    (ii) Advise the requester that the change has been made, thirty days 
from receipt of written request;
    (iii) After an accounting of disclosures has been kept pursuant to 5 
U.S.C. 552a(c), advise all previous recipients of the record, who, the 
Commission believes, still retain a copy thereof, of the fact that the 
amendment was made and the substance of the amendment.
    (f) If, after review of the record, the Administrative Officer 
determines that the requested amendment is not in conformity with the 
requirements of the Act, he shall:
    (1) Advise the requester in writing within thirty days of written 
request of such determination together with specific reasons therefor; 
and
    (2) Inform the requester that further review of the request by the 
Director of the Commission is available if a written request therefor is 
made within 30 days after date of denial.
    (g) Within 30 working days of receipt of a written request for 
review pursuant to Sec. 425.4(f)(2) the Director shall make an 
independent review of the record, using the criteria of Sec. 425.4(e) 
(1) and (2).
    (1) If the Director determines that the record should be amended in 
accordance with the request, the Administrative Officer shall take the 
actions listed in Sec. 425.4(e)(2) (i), (ii), and (iii).
    (2) If the Director, after independent review, determines that the 
record should not be amended in accordance with the request, the 
Administrative Officer shall advise the requester:
    (i) Of the determination and the reasons therefor;
    (ii) Of his or her right to file with the Administrative Officer a 
concise statement of his or her reasons for disagreeing with the refusal 
to amend the record;
    (iii) That the record will be annotated to indicate to anyone 
subsequently having access to it that a statement of disagreement has 
been filed, and that the statement will be made available to anyone to 
whom the record is disclosed;
    (iv) That the Director and the Administrative Officer may, in their 
discretion, include a brief summary of their reasons for refusing to 
amend the record whenever such disclosure is made;

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    (v) That any prior recipients of this disputed record, who, the 
Commission believes, still retain a copy thereof, will be sent a copy of 
the statement of disagreement, after an accounting of disclosures has 
been kept pursuant to 5 U.S.C. 552a(c);
    (vi) Of his or her right to seek judicial review of the refusal to 
amend the record, pursuant to 5 U.S.C. 552a(g)(1)(A).

[40 FR 59187, Dec. 22, 1975]



Sec. 425.5  Disclosure of records to agencies or persons other than
the individual to whom the record pertains.

    Records subject to the Privacy Act that are requested by any person 
other than the individual to whom they pertain will not be made 
available except under the following circumstances:
    (a) Records may be circulated to appropriate officials incident to 
placing Fellows in work assignments for the Fellowship year.
    (b) An accounting of the date, nature, and purpose of each 
disclosure of a record as well as the name and address of the person and 
agency to whom the disclosure was made will be indicated on the record. 
This accounting is available to the individual to whom the records 
pertain on written request to the Commission.

[40 FR 52416, Nov. 10, 1975; 40 FR 56651, Dec. 4, 1975, as amended at 40 
FR 59187, Dec. 22, 1975]



PART 455_NATIONAL CAPITAL PLANNING COMMISSION (PRIVACY ACT REGULATIONS)
--Table of Contents



Sec.
455.1 Purpose and scope.
455.2 Definitions.
455.3 Procedures for requests pertaining to individual records in a 
          record system.
455.4 Times, places, and requirements for identification of individuals 
          making requests.
455.5 Disclosure of requested information to individuals.
455.6 Request for correction or amendment to the record.
455.7 Agency review of request for correction or amendment of the 
          record.
455.8 Appeal of an initial adverse agency determination on correction or 
          amendment of the record.
455.9 Disclosure of record to a person other than the individual to whom 
          the record pertains.
455.10 Fees.
455.11 Penalties.
455.12 Exemptions.

    Authority: 5 U.S.C. 552a.

    Source: 42 FR 7921, Feb. 8, 1977, unless otherwise noted.



Sec. 455.1  Purpose and scope.

    These procedures provide the means by which individuals may 
safeguard their privacy by obtaining access to, and requesting 
amendments or corrections in, information, if any, about these 
individuals which is under the control of the National Capital Planning 
Commission (hereafter, the ``Commission'').



Sec. 455.2  Definitions.

    For the purpose of these procedures:
    (a) The term individual means a citizen of the United States or an 
alien lawfully admitted for permanent residence;
    (b) The term maintain includes maintain, collect, use, or 
disseminate;
    (c) The term record means any item, collection or grouping of 
information about an individual that is maintained by the Commission, 
including, but not limited to, his or her payroll information and 
mailing address and that contains his or her name, or the identifying 
number, symbol, or other identifying particular assigned to the 
individual, such as social security number;
    (d) The term system of records means a group of any records under 
the control of the Commission from which information is retrieved by the 
name of the individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual; and
    (e) The term routine use means, with respect to the disclosure of a 
record, the use of such record for a purpose which is compatible with 
the purpose for which it was collected.



Sec. 455.3  Procedures for requests pertaining to individual records
in a record system.

    (a) An individual who wishes to know whether a system of records 
maintained by the Commission contains a

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record pertaining to him or her shall submit a written request to that 
effect to the appropriate System Manager at the Commission. The System 
Manager shall, within 10 days of the receipt of such submission, inform 
the individual whether a system of records maintained by the Commission 
contains such a record.
    (b) An individual who desires access to any identified record shall 
file a request therefor, addressed to the System Manager indicating 
whether such individual intends to appear in person at the Commission's 
offices or whether he or she desires to receive a copy of any identified 
record through the mail.



Sec. 455.4  Times, places, and requirements for identification of
individuals making requests.

    (a) An individual who, in accord with Sec. 455.3(b) of this part 
indicated that he or she would appear personally shall do so at the 
Commission's offices, 1325 G Street NW., Washington, DC, between the 
hours of 8:30 A.M. and 5:00 P.M., Monday through Friday (legal holidays 
excluded) and present a form of identification, such as a valid driver's 
license or employee identification card, which will permit the System 
Manager to verify that the individual is the same individual as 
contained in the record requested.
    (b) An individual who, in accord with Sec. 455.3(b) of this part 
indicated that he or she desired mail delivery of a copy of the record 
shall include in the request the date and location of birth of the 
individual as suitable proof of identity.
    (c) Where the above mentioned forms of identification are not 
feasible or appropriate, the Commission shall request a signed statement 
from the individual asserting his or her identity and stipulating that 
the individual understands that knowingly or willfully seeking or 
obtaining access to records about another individual under false 
pretenses is punishable by a fine of up to $5,000.



Sec. 455.5  Disclosure of requested information to individuals.

    Upon verification of identity, the System Manager shall disclose to 
the individual: (a) The information contained in the record which 
pertains to that individual; and (b) the accounting of disclosures of 
the record, if any, required by 5 U.S.C. 552a(c).



Sec. 455.6  Request for correction or amendment to the record.

    An individual may request that a record pertaining to him or her be 
amended or corrected. The individual shall submit any such request in 
accord with Sec. 455.3 of this part and shall state therein the item 
sought to be amended and specific reasons therefor.



Sec. 455.7  Agency review of request for correction or amendment of
the record.

    Within ten days of the receipt of the request to correct or to amend 
the record, the System Manager will acknowledge in writing such receipt 
and promptly either: (a) Make any correction or amendment of any portion 
thereof which the individual believes is not accurate, relevant, timely, 
or complete and inform the individual of same; or (b) inform the 
individual of his or her refusal to correct or to amend the record in 
accordance with the request, the reason for the refusal, and the 
procedures established by the Commission for the individual to request a 
review of that refusal.



Sec. 455.8  Appeal of an initial adverse agency determination on
correction or amendment of the record.

    An individual who disagrees with the refusal of the System Manager 
to correct or to amend his or her record may submit a request for a 
review of such refusal to the Chairman of the Commission, 1325 G Street 
NW., Washington, DC 20576. The Chairman will, not later than thirty days 
from the date on which the individual requests such review, complete 
such review and make a final determination unless, for good cause shown, 
the Chairman extends such thirty day period. If, after his or her 
review, the Chairman also refuses to correct or to amend the record in 
accordance with the request, the individual may file with the Commission 
a concise statement setting forth the reasons for his or her 
disagreement with the refusal of the Commission and may seek judicial 
review

[[Page 69]]

of the Chairman's determination under 5 U.S.C. 552a(g)(1)(A).



Sec. 455.9  Disclosure of record to a person other than the individual
to whom the record pertains.

    An individual to whom a record is to be disclosed in person may have 
a person of his or her own choosing accompany the individual when the 
record is disclosed.



Sec. 455.10  Fees.

    (a) The Commission will not charge an individual for the costs of 
making a search for a record or the costs of reviewing the record. When 
the Commission makes a copy of a record as a necessary part of the 
process of disclosing the record to an individual, the Commission will 
not charge the individual for the cost of making that copy.
    (b) If an individual requests the Commission to furnish him or her 
with a copy of the record (when a copy has not otherwise been made as a 
necessary part of the process of disclosing the record to the 
individual), the Commission will charge a fee of $0.25 per page (maximum 
per page dimension of 8\1/2\ x 13 inches) to the extent that the request 
exceeds $5.00 in cost to the Commission. Requests not exceeding $5.00 in 
cost to the Commission will be met without cost to the requester.



Sec. 455.11  Penalties.

    Title 18 U.S.C. 1001, Crimes and Criminal Procedures, makes it a 
criminal offense, subject to a maximum fine of $10,000 or imprisonment 
for not more than five years or both, to knowingly and willfully make or 
cause to be made any false or fraudulent statements or representations 
in any matter within the jurisdiction of any agency of the United 
States. Section 552a(i)(3) of the Privacy Act (5 U.S.C. 552a(i)(3)), 
makes it a misdemeanor, subject to a maximum fine of $5,000, to 
knowingly and willfully request or obtain any record concerning an 
individual under false pretenses. Section 552a(i) (1) and (2) of the 
Privacy Act (5 U.S.C. 552a(i) (1) and (2)) provide penalties for 
violations by agency employees of the Privacy Act or regulations 
established thereunder.



Sec. 455.12  Exemptions.

    No Commission records system is exempted from the provisions of 5 
U.S.C. 552a as permitted under certain conditions by 5 U.S.C. 552a (j) 
and (k).



PART 456_NATIONAL CAPITAL PLANNING COMMISSION FREEDOM OF INFORMATION ACT
--Table of Contents



Sec.
456.1 General information.
456.2 Organization.
456.3 Definitions.
456.4 General policy.
456.5 Public reading rooms and information routinely available.
456.6 FOIA request requirements.
456.7 FOIA response requirements.
456.8 Multi-track processing.
456.9 Expedited processing.
456.10 Consultations and referrals.
456.11 Classified and controlled unclassified information.
456.12 Confidential commercial information.
456.13 Appeals.
456.14 Fees.
456.15 Fee waiver requirements.
456.16 Preservation of FOIA records.

    Authority: 40 U.S.C. 8701 et seq., as amended and 5 U.S.C. 552, as 
amended.

    Source: 79 FR 10952, Feb. 27, 2014, unless otherwise noted.



Sec. 456.1  General information.

    This part contains the rules the National Capital Planning 
Commission (NCPC or Commission) shall follow in processing third party 
Requests for Records concerning the activities of the NCPC under the 
Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended. Requests 
made by a U.S. citizen or an individual lawfully admitted for permanent 
residence to access his or her own records under the Privacy Act, 5 
U.S.C. 522a are processed under this part and in accordance with part 
455 of Title 1 of the Code of Federal Regulations (CFR) to provide the 
greatest degree of access while safeguarding an individual's personal 
privacy. Information routinely provided to the public as part of regular 
NCPC activity shall be provided to the public without regard to this 
part.



Sec. 456.2  Organization.

    (a) The NCPC serves as the planning agency for the federal 
government in

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the National Capital Region (NCR). The NCR includes the District of 
Columbia; Montgomery and Prince George's Counties in Maryland; 
Arlington, Fairfax, Loudon, and Prince William Counties in Virginia; and 
all cities in Maryland and Virginia in the aforementioned counties.
    (b) Pursuant to the Planning Act, 40 U.S.C. 8701 et seq., the NCPC's 
primary mission includes:
    (1) Preparation of the ``Comprehensive Plan for the National 
Capital: Federal Elements'' (Comprehensive Plan). The Comprehensive Plan 
sets forth the principles, goals and planning policies that guide 
federal government growth and development of the NCR, and it serves as 
the foundation for all other plans prepared by the NCPC.
    (2) Review of Federal and District of Columbia Agency Plans and 
Projects. The Commission reviews, and takes appropriate action on, 
federal and District government agency plans and projects to ensure 
compliance with, among others, the Comprehensive Plan, principals of 
good planning and urban design, and federal environmental and historic 
preservation policies mandated by the National Environmental Policy Act 
(NEPA) and the National Historic Preservation Act (NHPA).
    (3) Preparation of the ``Federal Capital Improvement Program for the 
National Capital Region'' (FCIP). The FCIP is an annual, six year 
program of prioritized federal government capital projects prepared by 
the NCPC for the Office of Management and Budget (OMB).
    (c) The Commission is comprised of five citizen members, three of 
whom are appointed by the President of the United States without Senate 
approval, including the Chairman, and two of whom are appointed by the 
Mayor of the District of Columbia. Ex-officio members of the Commission 
include:
    (1) The Secretary of Defense;
    (2) The Administrator of the General Services Administration;
    (3) The Mayor of the District of Columbia;
    (4) The Chairman of the Council of the District of Columbia;
    (5) The Chairman of the Senate Committee of Homeland Security and 
Governmental Affairs; and
    (6) The Chairman of the House Committee on Oversight and Government 
Reform or their designated alternates.
    (d) A professional staff, headed by an Executive Director, assists 
the Commission and is organized as described on the NCPC Web site 
(www.ncpc.gov).



Sec. 456.3  Definitions.

    For purposes of this part, the following definitions shall apply:
    (a) Act and FOIA mean the Freedom of Information Act, 5 U.S.C. 552, 
as amended.
    (b) Adverse Determination or Determination shall include a 
determination to withhold, in whole or in part, Records requested in a 
FOIA Request; the failure to respond to all aspects of a Request; the 
determination to deny a request for a Fee Waiver; or the determination 
to deny a request for expedited processing. The term shall also 
encompass a challenge to NCPC's determination that Records have not been 
described adequately, that there are no responsive Records, or that an 
adequate Search has been conducted.
    (c) Agency Record or Record means any documentary material which is 
either created or obtained by a federal agency (Agency) in the 
transaction of Agency business and under Agency control. Agency Records 
may include without limitation books; papers; maps; charts; plats; 
plans; architectural drawings; photographs and microfilm; machine 
readable materials such as magnetic tape, computer disks and electronic 
data storage devices; electronic records including email messages; and 
audiovisual material such as still pictures, sound, and video 
recordings. This definition generally does not cover records of Agency 
staff that are created and maintained primarily for a staff member's 
convenience, exempt from Agency creation or retention requirements, and 
withheld from distribution to other Agency employees for their official 
use.
    (d) Confidential Commercial Information means commercial or 
financial information obtained by the NCPC from a Submitter that may be 
protected from disclosure under Exemption 4 of

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the FOIA. Exemption 4 of the FOIA protects trade secrets and commercial 
or financial information obtained from a person which information is 
privileged or confidential.
    (e) Controlled Unclassified Information means unclassified 
information that does not meet the standards for National Security 
Classification under Executive Order 13536, as amended, but is pertinent 
to the national interests of the United States or to the important 
interests of entities outside the federal government, and under law or 
policy requires protection from unauthorized disclosure, special 
handling safeguards, or prescribed limits on exchange or dissemination.
    (f) Commercial Use Request means a FOIA Request from or on behalf of 
one who seeks information for a use or purpose that furthers the 
commercial, trade, or profit interests of the Requester or the person on 
whose behalf the Request is made.
    (g) Direct Costs means those expenditures that the NCPC incurs in 
searching for, duplicating, and reviewing documents to respond to a FOIA 
Request. Direct Costs include, for example, the salary of the employee 
performing the work (the basic rate of pay for the employee plus 16 
percent of the rate to cover benefits) and the cost of operating 
duplicating machinery. Direct Costs do not include overhead expenses 
such as costs of space, and heating or lighting the facility in which 
the Records are stored.
    (h) Duplication means the process of making a copy of a document 
necessary to respond to a FOIA Request in a form that is reasonably 
usable by a Requester. Copies can take the form of, among others, paper 
copy, audio-visual materials, or machine readable documents (i.e., 
computer disks or electronic data storage devices).
    (i) Educational Institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate higher 
education, an institution of graduate higher education, an institution 
of professional education, and an institution of vocational education, 
which operates a program or programs of scholarly research. To be 
classified in this category, a Requester must show that the Request is 
authorized by and is made under the auspices of a qualifying institution 
and that the records are not sought for a commercial use but are sought 
to further scholarly research.
    (j) Expedited Processing means giving a FOIA Request priority 
because a Requester has shown a compelling need for the Records.
    (k) Fee Waiver means a waiver in whole or in part of fees if a 
Requester can demonstrate that certain statutory requirements are 
satisfied including that the information is in the public interest and 
is not requested for commercial purposes.
    (l) FOIA Public Liaison means an NCPC official who is responsible 
for assisting in reducing delays, increasing transparency and 
understanding the status of Requests, and assisting in the resolution of 
disputes.
    (m) FOIA Request or Request means a written Request made by an 
entity or member of the public for an Agency Record submitted via the 
U.S. Postal Service mail or other delivery means to include without 
limitation electronic-mail (email) or facsimile.
    (n) Freelance Journalist means a Representative of the News Media 
who is able to demonstrate a solid basis for expecting publication 
through a news organization, even though not actually employed by that 
news organization. A publication contract or past evidence of a specific 
freelance assignment from a news organization may indicate a solid basis 
for expecting publication.
    (o) Frequently Requested Documents means documents that have been 
Requested at least three times under the FOIA. It also includes 
documents the NCPC anticipates would likely be the subject of multiple 
Requests.
    (p) Multi-track Processing means placing simple Requests requiring 
relatively minimal work and/or review in one processing track, more 
complex Requests in one or more other tracks, and expedited Requests in 
a separate track. Requests in each track are processed on a first-in/
first-out basis.
    (q) Noncommercial Scientific Institution means an institution that 
is not operated for commerce, trade or profit, but is operated solely 
for the purpose of

[[Page 72]]

conducting scientific research the results of which are not intended to 
promote any particular product or industry. To be in this category, a 
Requester must show that the Request is authorized by and is made under 
the auspices of a qualifying institution and that the Records are not 
sought for commercial use but are sought to further scientific research.
    (r) Privacy Act Request means a written (paper copy with an original 
signature) request made by an individual for information about himself/
herself that is contained in a Privacy Act system of records. The 
Privacy Act applies only to U.S. citizens and aliens lawfully admitted 
for permanent residence such that only individuals satisfying these 
criteria may make Privacy Act Requests.
    (s) Reading Room Materials means Records, paper or electronic, that 
are required to be made available to the public under 5.U.S.C. 552(a)(2) 
as well as other Records that the NCPC, at its discretion, makes 
available to the public for inspection and copying without requiring the 
filing of a FOIA Request.
    (t) Representative of the News Media means any person or entity that 
gathers information of potential interest to a segment of the 
population, uses his/her/its editorial skills to turn raw material into 
a distinct work, and distributes that work to an audience. News media 
entities include television or radio stations broadcasting to the public 
at large; publishers of periodicals that qualify as disseminators of 
news and make their products available for purchase or subscription by 
the general public; and alternative media to include electronic 
dissemination through telecommunication (internet) services. To be in 
this category, a Requester must not be seeking the Requested Records for 
a commercial use.
    (u) Requester means an entity or member of the public submitting a 
FOIA Request.
    (v) Requester Category means one of the five categories NCPC places 
Requesters in for the purpose of determining whether the Requester will 
be charged for Search, Review and Duplication, and includes Commercial 
Use Requests, Educational Institutions, Noncommercial Scientific 
Institutions, Representatives of the News Media, and all other 
Requesters.
    (w) Review means the examination of Records to determine whether any 
portion of the located Record is eligible to be withheld. It also 
includes processing any Records for disclosure, i.e., doing all that is 
necessary to excise the record and otherwise prepare the Record for 
release. Review does not include time spent resolving general legal or 
policy issues regarding the application of exemptions.
    (x) Search means the process of looking for material, by manual or 
electronic means that is responsive to a FOIA Request. The term also 
includes page-by-page or line-by-line identification of material within 
documents.
    (y) Submitter means any person or entity outside the federal 
government from whom the NCPC directly or indirectly obtains commercial 
or financial information. The term includes, among others, corporations, 
banks, state and local governments, and agencies of foreign governments 
who provide information to the NCPC.
    (z) Unusual Circumstances means, for purposes of Sec. 456.7(c), and 
only to the extent reasonably necessary to the proper processing of a 
particular Request:
    (1) The need to Search for and collect the Requested Agency Records 
from establishments that are separate from the Commission's offices;
    (2) The need to Search for, collect and appropriately examine and 
Review a voluminous amount of separate and distinct Agency Records which 
are demanded in a single Request; or
    (3) The need for consultation with another Agency having a 
substantial interest in the determination of the FOIA Request.
    (aa) Workday means a regular Federal workday. It does not include 
Saturdays, Sundays, and legal public holidays.



Sec. 456.4  General policy.

    (a) It is the NCPC's general policy to facilitate the broadest 
possible availability and dissemination of information to the public 
through use of the NCPC's Web site, www.ncpc.gov, and physical 
distribution of materials not available electronically. The NCPC

[[Page 73]]

staff shall be available to assist the public in obtaining information 
formally by using the procedures herein or informally in a manner not 
inconsistent with the rule set forth in this part. In addition, to the 
extent permitted by other laws, the NCPC will make available Agency 
Records of interest to the public that are appropriate for disclosure.
    (b) The NCPC possesses the administrative discretion in the context 
of individual Requests to release documents for no or reduced fees or to 
waive any of the NCPC's FOIA Request requirements in the interest of 
public disclosure of information eligible for disclosure under the Act.



Sec. 456.5  Public reading rooms and information routinely available.

    (a) The NCPC shall maintain an electronic library at www.ncpc.gov 
that makes Reading Room Materials capable of production in electronic 
form available for public inspection and downloading. The NCPC shall 
also maintain an actual public reading room containing Reading Room 
Materials incapable of production in electronic form at NCPC's offices. 
The actual reading room shall be available for use on Workdays during 
the hours of 9:00 a.m. to 4:00 p.m. Requests for appointments to review 
Reading Room Materials in the actual public reading room should be 
directed to the NCPC's Information Resources Specialist identified on 
the NCPC Web site (www.ncpc.gov).
    (b) The following types of Records shall be available routinely 
(subject to the fee schedule set forth in Sec. 456.14) without resort 
to formal FOIA Request procedures unless such Records fall within one of 
the exemptions listed at 5 U.S.C. 552(b) of the Act:
    (1) Commission agendas;
    (2) Plans and supporting documentation submitted by applicants to 
the Commission to include environmental and historic preservation 
reports prepared for a plan or project;
    (3) Executive Director's Recommendations;
    (4) Commission Memoranda of Action;
    (5) Transcripts of Commission proceedings;
    (6) ``The Comprehensive Plan for the National Capital: Federal 
Elements'' and other plans prepared by the NCPC;
    (7) ``Federal Capital Improvements Plan for the National Capital 
Region'' following release of the President's Budget;
    (8) Policies adopted by the Commission;
    (9) Correspondence between the Commission and the Congress, other 
federal and local government agencies, and the public; and
    (10) Frequently Requested Documents.



Sec. 456.6  FOIA request requirements.

    (a) The NCPC shall designate a Chief Freedom of Information Act 
Officer who shall be authorized to grant or deny any Request for a 
Record of the NCPC.
    (b) Requests for a Record or Records that is/are not available in 
the actual or electronic reading rooms shall be directed to the Chief 
Freedom of Information Act Officer.
    (c) All FOIA Requests shall be made in writing. If sent by U.S. 
mail, Requests should be sent to NCPC's official business address 
contained on the NCPC Web site. If sent via email, they should be 
directed to www.ncpc.gov. To expedite internal handling of FOIA 
Requests, the words Freedom of Information Act Request shall appear 
prominently on the transmittal envelope or the subject line of a Request 
sent via email or facsimile.
    (d) The FOIA Request shall:
    (1) State that the Request is made pursuant to the FOIA;
    (2) Describe the Agency Record(s) Requested in sufficient detail 
including, without limitation, any specific information known such as 
date, title or name, author, recipient, or time frame for which you are 
seeking Records, to enable the NCPC personnel to locate the Requested 
Agency Records;
    (3) State, pursuant to the fee schedule set forth in Sec. 456.14, a 
willingness to pay all fees associated with the FOIA Request or the 
maximum fee the Requester is willing to pay to obtain the Requested 
Records, unless the Requester is seeking a Fee Waiver or placement in a 
certain Requester Category;

[[Page 74]]

    (4) State the desired form or format of disclosure of Agency Records 
with which the NCPC shall endeavor to comply unless compliance would 
damage or destroy an original Agency Record or reproduction is costly 
and/or requires the acquisition of new equipment; and
    (5) Provide a phone number or email address at which the Requester 
can be reached to facilitate the handling of the Request.
    (e) If a FOIA Request is unclear, overly broad, involves an 
extremely voluminous amount of Records or a burdensome Search, or fails 
to state a willingness to pay the requisite fees or the maximum fee 
which the Requester is willing to pay, the NCPC shall endeavor to 
contact the Requester to define the subject matter, identify and clarify 
the Records being sought, narrow the scope of the Request, and obtain 
assurances regarding payment of fees. The timeframe for a response set 
forth in Sec. 456.7(a) shall be tolled (stopped temporarily) and the 
NCPC will not begin processing a Request until the NCPC obtains the 
information necessary to clarify the Request and/or clarifies issues 
pertaining to the fee.



Sec. 456.7  FOIA response requirements.

    (a) The Freedom of Information Act Officer, upon receipt of a FOIA 
Request made in compliance with these rules, shall determine within 20 
Workdays whether to grant or deny the Request. The Freedom of 
Information Officer shall within 20 Workdays notify the Requester in 
writing of his/her determination and the reasons therefore and of the 
right to appeal any Adverse Determination to the head of the NCPC.
    (b) If a Request is denied in whole or in part, the Chief FOIA 
Officer's written determination shall include, if technically feasible, 
the precise amount of information withheld, a brief description of the 
information withheld without revealing its content, and the exemption 
under which it is being withheld unless revealing the exemption would 
harm an interested protected by the exemption. NCPC shall release any 
portion of a withheld Record that reasonably can be segregated from the 
exempt portion of the Record.
    (c) In cases involving Unusual Circumstances, the Chief FOIA Officer 
may extend the 20 Workday time limit by written notice to the Requester. 
The written notice shall set forth the reasons for the extension and the 
date on which a determination is expected to be dispatched. No such 
notice shall specify a date that would result in an extension of more 
than 10 Working Days unless the Freedom of Information Act Officer 
affords the Requester an opportunity to modify his/her Request or 
arranges an alternative timeframe with the Requester for completion of 
the NCPC's processing.



Sec. 456.8  Multi-track processing.

    The NCPC may use multiple tracks for processing FOIA Requests based 
on the complexity of Requests and those for which expedited processing 
is Requested. Complexity shall be determined based on the amount of work 
and/or time needed to process a Request and/or the number of pages of 
responsive Records. If the NCPC utilizes Multi-track Processing, it 
shall advise a Requester when a Request is placed in a slower track of 
the limits associated with a faster track and afford the Requester the 
opportunity to limit the scope of its Request to qualify for faster 
processing.



Sec. 456.9  Expedited processing.

    (a) The NCPC shall provide Expedited Processing of a FOIA Request if 
the person making the Request demonstrates that the Request involves:
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (2) An urgency to inform the public about an actual or alleged 
federal government activity, if made by a person primarily engaged in 
disseminating information;
    (3) The loss of substantial due process rights; or
    (4) A matter of widespread and exceptional media interest in which 
there exists possible questions about the government's integrity which 
affect public confidence.

[[Page 75]]

    (b) A Request for Expedited Processing may be made at the time of 
the initial FOIA Request or at a later time.
    (c) A Requester seeking Expedited Processing must submit a detailed 
statement setting forth the basis for the Expedited Processing Request. 
The Requester must certify in the statement that the need for Expedited 
Processing is true and correct to the best of his/her knowledge. To 
qualify for Expedited Processing, a Requester relying upon the category 
in paragraph (a)(2) of this section must establish:
    (1) He/she is a full time Representative of the News Media or 
primarily engaged in the occupation of information dissemination, though 
it need not be his/her sole occupation;
    (2) A particular urgency to inform the public about the information 
sought by the FOIA Request beyond the public's right to know about the 
government activity generally; and
    (3) The information is of the type that has value that will be lost 
if not disseminated quickly such as a breaking news story. Information 
of historical interest only or information sought for litigation or 
commercial activities will not qualify nor would a news media deadline 
unrelated to breaking news.
    (d) Within 10 calendar days of receipt of a Request for expedited 
processing, the NCPC shall decide whether to grant or deny the Request 
and notify the Requester of the decision in writing. If a Request for 
Expedited Processing is granted, the Request shall be given priority and 
shall be processed in the expedited processing track. If a Request for 
Expedited Processing is denied, any appeal of that decision shall be 
acted on expeditiously.



Sec. 456.10  Consultations and referrals.

    (a) Unless the NCPC determines that it is best able to process a 
Record in response to a FOIA Request, the NCPC shall either respond to 
the FOIA Request after consultation with the Agency best able to 
determine if the Requested Record(s) is/are subject to disclosure; or 
refer the responsibility for responding to the FOIA Request to the 
Agency responsible for originating the Record(s). Generally, the Agency 
originating a Record will be presumed by the NCPC to be the Agency best 
qualified to render a decision regarding disclosure or exemption except 
for Agency Records submitted to the NCPC pursuant to its authority to 
review Agency plans and/or projects.
    (b) Upon referral of a FOIA Request to another Agency, the NCPC 
shall notify the Requester in writing of the referral, inform the 
Requester of the name of the Agency to which all or part of the FOIA 
Request has been referred, provide the Requester a description of the 
part of the Request referred, and advise the Requester of a point of 
contact within the receiving Agency.
    (c) The timeframe for a response to a FOIA Request requiring 
consultation or referral shall be based on the date the FOIA Request was 
initially received by the NCPC and not any later date.



Sec. 456.11  Classified and controlled unclassified information.

    (a) For Requests for an Agency Record that has been classified or 
may be appropriate for classification by another Agency pursuant to an 
Executive Order concerning the classification of Records, the NCPC shall 
refer the responsibility for responding to the FOIA Request to the 
Agency that either classified the Record, should consider classifying 
the Record, or has primary interest in the Record, as appropriate.
    (b) Whenever a Request is made for a Record that is designated 
Controlled Unclassified Information by another Agency, the NCPC shall 
refer the FOIA Request to the Agency that designated the Record as 
Controlled Unclassified Information. Decisions to disclose or withhold 
information designated as Controlled Unclassified Information shall be 
made based on the applicability of the statutory exemptions contained in 
the FOIA, not on a Controlled Unclassified Information marking or 
designation.



Sec. 456.12  Confidential commercial information.

    (a) Confidential Commercial Information obtained by the NCPC from a 
Submitter shall be disclosed under the FOIA only in accordance with the 
requirements of this section.

[[Page 76]]

    (b) A Submitter of Confidential Commercial Information shall use 
good-faith efforts to designate, by appropriate markings, either at the 
time of submission or at a reasonable time thereafter, any portions of 
its submission that it considers to be protected from disclosure under 
Exemption 4 of the FOIA. These designations will expire ten years after 
the date of the submission unless the Submitter requests, and provides 
justification for, a longer designation period.
    (c) Notice shall be given to a Submitter of a FOIA Request for 
potential Confidential Commercial Information if:
    (1) The requested information has been designated in good faith by 
the Submitter as Confidential Commercial Information eligible for 
protection from disclosure under Exemption 4 of the FOIA; or
    (2) The NCPC has reason to believe the requested information is 
Confidential Commercial Information protected from disclosure under 
Exemption 4 of the FOIA.
    (d) Subject to the requirements of paragraphs (c) and (g) of this 
section, the NCPC shall provide a Submitter with prompt written notice 
of a FOIA Request or administrative appeal that seeks the Submitter's 
Confidential Commercial Information. The notice shall give the Submitter 
an opportunity to object to disclosure of any specified portion of that 
Confidential Commercial Information pursuant to paragraph (e) of this 
section. The notice shall either describe the Confidential Commercial 
Information Requested or include copies of the Requested Records or 
portions thereof containing the Confidential Commercial Information. 
When notice to a large number of Submitters is required, NCPC may 
provide notification by posting or publishing the notice in a place 
reasonably likely to accomplish the intent of the notice requirement 
such as a newspaper, newsletter, the NCPC Web site, or the Federal 
Register.
    (e) The NCPC shall allow a Submitter a reasonable time to respond to 
the notice described in paragraph (d) of this section and shall specify 
within the notice the time period for response. If a Submitter has any 
objection to disclosure, it shall submit a detailed written statement. 
The statement must specify all grounds for withholding any portion of 
the Confidential Commercial Information under any exemption of the FOIA 
and, in the case of Exemption 4, it must show why the Confidential 
Commercial Information is a trade secret or commercial or financial 
information that is privileged or confidential. If the Submitter fails 
to respond to the notice within the specified time, the NCPC shall 
consider this failure to respond as no objection to disclosure of the 
Confidential Commercial Information on the part of the Submitter, and 
NCPC shall proceed to release the requested information. A statement 
provided by the Submitter that is not received by NCPC until after the 
NCPC's disclosure decision has been made shall not be considered by the 
NCPC. Information provided by a Submitter under this paragraph may 
itself be subject to disclosure under the FOIA.
    (f) The NCPC shall consider a Submitter's objections and specific 
grounds for nondisclosure in deciding whether to disclose Confidential 
Commercial Information. Whenever the NCPC decides to disclose 
Confidential Commercial Information over the objection of a Submitter, 
the NCPC shall give the Submitter written notice, which shall include:
    (1) A statement of the reason(s) why each of the Submitter's 
disclosure objections was not sustained;
    (2) A description of the Confidential Commercial Information to be 
disclosed; and
    (3) A specified disclosure date, which shall be a reasonable time 
subsequent to the notice.
    (g) The notice requirements of paragraphs (c) and (d) of this 
section shall not apply if:
    (1) The NCPC determines that the Confidential Commercial Information 
is exempt under FOIA;
    (2) The Confidential Commercial Information has been published 
lawfully or has been officially made available to the public;
    (3) The Confidential Commercial Information's disclosure is required 
by statute (other than the FOIA) or by a regulation issued in accordance 
with

[[Page 77]]

the requirements of Executive Order 12600 (Predisclosure Notification 
Procedures for Confidential Commercial Information); or
    (4) The designation made by the Submitter under paragraph (b) of 
this section appears obviously frivolous in which case the NCPC shall, 
within a reasonable time prior to a specified disclosure date, give the 
Submitter written notice of any final decision to disclose the 
Confidential Commercial Information.
    (h) Whenever a Requester files a lawsuit seeking to compel the 
disclosure of Confidential Commercial Information, the NCPC shall 
promptly notify the Submitter.
    (i) Whenever the NCPC provides a Submitter with notice and an 
opportunity to object to disclosure under paragraph (d) of this section, 
the NCPC shall also notify the Requester. Whenever the NCPC notifies a 
Submitter of its intent to disclose Requested Information under 
paragraph (f) of this section, the NCPC shall also notify the Requester. 
Whenever a Submitter files a lawsuit seeking to prevent the disclosure 
of Confidential Commercial Information, the NCPC shall notify the 
Requester.



Sec. 456.13  Appeals.

    (a) An appeal of an Adverse Determination shall be made in writing 
to the Chairman of the Commission (Chairman). An appeal may be submitted 
via U.S. mail or other type of manual delivery service or via email or 
facsimile within 30 Workdays of the date of a notice of an Adverse 
Determination. To facilitate handling of an appeal, the words Freedom of 
Information Act Appeal shall appear prominently on the transmittal 
envelope or the subject line of a Request sent via electronic-mail or 
facsimile.
    (b) An appeal of an Adverse Determination shall include a detailed 
statement of the legal, factual or other basis for the Requester's 
objections to an Adverse Determination; a daytime phone number or email 
address where the Requester can be reached if the NCPC requires 
additional information or clarification regarding the appeal; copies of 
the initial Request and the NCPC's written response; and for an Adverse 
Determination of a Request for Expedited Processing or a Fee Waiver, a 
demonstration of compliance with the requirements of Sec. Sec. 456.9(a) 
and (c) or 456.14(a) through (c) respectively.
    (c) The Chairman shall respond to an appeal of an Adverse 
Determination in writing within 20 Workdays of receipt. If the Chairman 
grants the appeal, the Chairman shall notify the Requester, and the NCPC 
shall make available copies of the Requested Records promptly thereafter 
upon receipt of the appropriate fee determined in accordance with Sec. 
456.14. If the Chairman denies the appeal in whole or in part, the 
letter to the Requester shall state the reason(s) for the denial, 
including the FOIA exemptions(s) applied; a statement that the decision 
is final; and notification of the Requester's right to seek judicial 
review of the denial in the District Court of the United States in 
either the locale in which the Requester resides, the locale in which 
the Requester has his/her principal place of business, or in the 
District of Columbia. The Chairman's letter of denial shall also advise 
the Requester that the Office of Government Information Services (OGIS) 
offers mediation services to resolve disputes between a Requester and 
the NCPC as a non-exclusive alternative to litigation. Contact 
information for OGIS can be obtained from the OGIS Web site at 
[email protected].
    (d) The NCPC shall not act on an appeal of an Adverse Determination 
if the underlying FOIA Request becomes the subject of FOIA litigation.
    (e) A party seeking court review of an Adverse Determination must 
first appeal the decision under this section to NCPC.



Sec. 456.14  Fees.

    (a) In responding to FOIA Requests, the NCPC shall charge the 
following fees unless a Fee Waiver has been granted under Sec. 456.15.
    (1) Search Fees shall be as follows:
    (i) Search fees shall be charged for all Requests, subject to the 
limitations of paragraph (b) of this section. The NCPC may charge for 
time spent conducting a Search even if it fails to locate any responsive 
Records or if the

[[Page 78]]

NCPC withholds Records located based on a FOIA exemption.
    (ii) For each quarter hour spent by personnel searching for 
Requested Records, including electronic searches that do not require new 
programming, the fees will be calculated based on the average hourly 
General Schedule (GS) base salary, plus the District of Columbia 
locality payment, plus 16 percent for benefits, of employees in the 
following three categories: Staff Assistant (assigned at the GS 9-11 
grades); Professional Personnel (assigned at the GS 11-13 grades); and 
Managerial Staff (assigned at the 14-15 grades). For a Staff Assistant 
the quarter hour fee to Search for and retrieve a Requested Record shall 
be $9.00. If a Search and retrieval cannot be performed entirely by a 
Staff Assistant, and the identification of Records within the scope of a 
Request requires the use of Professional Personnel, the fee shall be 
$12.00 for each quarter hour of Search time spent by Professional 
Personnel. If the time of Managerial Personnel is required, the fee 
shall be $18.00 for each quarter hour of Search time spent by Managerial 
Personnel.
    (iii) For a computer Search of Records, Requesters shall be charged 
the Direct Costs of creating a computer program, if necessary, and/or 
conducting the Search, although certain Requesters (as provided in 
paragraph (b)(1) of this section) will be charged no Search fee and 
certain other Requesters (as provided in paragraph (b)(3) of this 
section) will be entitled to the cost equivalent of two hours of manual 
Search time without charge. These Direct Costs for a computer Search 
shall include the cost that is directly attributable to a Search for 
responsive Records, and the costs of the operator's salary for the time 
attributable to the Search.
    (2) Duplication fees shall be charged to all Requesters, subject to 
the limitations of paragraph (b) of this Section. For a paper photocopy 
of a Record (no more than one copy of which shall be supplied), the fee 
shall be 10 cents per page for single or double sided copies, 90 cents 
per page for 8\1/2\ by 11 inch color copies, and $1.50 per page for 
color copies up to 11 x 17 inches per page. For copies produced by 
computer, and placed on an electronic data saving device or provided as 
a printout, the NCPC shall charge the Direct Costs, including operator 
time, of producing the copy. For other forms of Duplication, the NCPC 
shall charge the Direct Costs of that Duplication.
    (3) Review fees shall be charged to Requesters who make a Commercial 
Use Request. Review fees will be charged only for the NCPC initial 
Review of a Record to determine whether an exemption applies to a 
particular Record or portion thereof. No charge will be made for Review 
at the administrative appeal level for an exemption already applied. 
However, Records or portions thereof withheld under an exemption that is 
subsequently determined not applicable upon appeal may be reviewed again 
to determine whether any other exemption not previously considered 
applies. If the NCPC determines a different exemption applies, the costs 
of that Review are chargeable. Review fees will be charged at the same 
rates as those charged for a Search under paragraph (a)(1)(ii) of this 
section.
    (b) The following limitations on fees shall apply:
    (1) No Search fee shall be charged for FOIA Requests made by 
Educational Institutions, Noncommercial Scientific Institutions, or 
Representatives of the News Media.
    (2) No Search or Review fees shall be charged for a quarter-hour 
period unless more than half of that period is required for Search or 
Review.
    (3) Except for Requesters of a Commercial Use Request, the NCPC 
shall provide without charge the first two hours of Search (or the cost 
equivalent) and the first 100 pages of Duplication (or the cost 
equivalent); and
    (4) Except for Requesters of a Commercial Use Request, no fee shall 
be charged for a Request if the total fee calculated under this section 
equals $50.00 or less.
    (5) The fee provisions of this section shall be cumulative. 
Requesters other than those making a Commercial Use Request shall not be 
charged a fee unless the total cost of a Search in excess of two hours 
plus the cost of Duplication in excess of 100 pages totals more than 
$50.00.

[[Page 79]]

    (c) If the NCPC determines or estimates fees in excess of $50.00, 
the NCPC shall notify the Requester of the actual or estimated amount of 
total fees, unless in its initial Request the Requester has indicated a 
willingness to pay fees as high as those determined or estimated. If 
only a portion of the fee can be estimated, the NCPC shall advise the 
Requester that the estimated fee constitutes only a portion of the total 
fee. If the NCPC notifies a Requester that actual or estimated fees 
amount to more than $50.00, the Request shall not be considered received 
for purposes of calculating the timeframe for a Response, and no further 
work shall be undertaken on the Request until the Requester agrees to 
pay the anticipated total fee. Any such agreement shall be memorialized 
in writing. A notice under this paragraph shall offer the Requester an 
opportunity to work with the NCPC to reformulate the Request to meet the 
Requester's needs at a lower cost.
    (d) Apart from other provisions of this section, if the Requester 
asks for or the NCPC chooses as a matter of administrative discretion to 
provide a special service--such as certifying that Records are true 
copies or sending them by other than ordinary mail--the actual costs of 
special service shall be charged.
    (e) The NCPC shall charge interest on any unpaid fee starting on the 
31st day following the date of billing the Requester. Interest charges 
will be assessed at the rate provided in 31 U.S.C. 3717 (Interest and 
Penalty on Claims) and will accrue from the date of the billing until 
payment is received by the NCPC. The NCPC shall follow the provisions of 
the Debt Collection Act of 1982 (Pub. L. No. 97-365, 96 Stat. 1749), as 
amended, and its administrative procedures, including the use of 
consumer reporting agencies, collection agencies, and offset.
    (f) Where the NCPC reasonably believes that one or more Requesters 
are acting in concert to subdivide a Request into a series of Requests 
to avoid fees, the NCPC may aggregate the Requests and charge 
accordingly. The NCPC shall presume that multiple Requests of this type 
made within a 30-day period have been made to avoid fees. Where Requests 
are separated by a time period in excess of 30 days, the NCPC shall 
aggregate the multiple Requests if a solid basis exists for determining 
aggregation is warranted under all circumstances involved.
    (g) Advance payments shall be treated as follows:
    (1) For Requests other than those described in paragraphs (g)(2) and 
(3) of this section, the NCPC shall not require an advance payment. An 
advance payment refers to a payment made before work on a Request is 
begun or continued after being stopped for any reason but does not 
extend to payment owed for work already completed but not sent to a 
Requester.
    (2) If the NCPC determines or estimates a total fee under this 
section of more than $250.00, it shall require an advance payment of all 
or part of the anticipated fee before beginning to process a Request, 
unless the Requester provides satisfactory assurance of full payment or 
has a history of prompt payment.
    (3) If a Requester previously failed to pay a properly charged FOIA 
fee to the NCPC within 30 days of the date of billing, the NCPC shall 
require the Requester to pay the full amount due, plus any applicable 
interest, and to make an advance payment of the full amount of any 
anticipated fee, before the NCPC begins to process a new Request or 
continues processing a pending Request from that Requester.
    (4) If the NCPC requires advance payment or payment due under 
paragraphs (g)(2) or (3) of this section, the Request shall not be 
considered received and no further work will be undertaken on the 
Request until the required payment is received.
    (h) Where Records responsive to Requests are maintained for 
distribution by Agencies operating statutorily based fee schedule 
programs, the NCPC shall inform Requesters of the steps for obtaining 
Records from those sources so that they may do so most economically.
    (i) All fees shall be paid by personal check, money order or bank 
draft drawn on a bank of the United States, made payable to the order of 
the Treasurer of the United States.

[[Page 80]]



Sec. 456.15  Fee waiver requirements.

    (a) Records responsive to a Request shall be furnished without 
charge or at a charge reduced below that established under Sec. 456.14 
if the Requester demonstrates to the NCPC, and the NCPC determines, 
based on all available information, that Disclosure of the Requested 
information is in the public interest because it is likely to contribute 
significantly to public understanding of the operations or activities of 
the government, and disclosure of the information is not primarily in 
the commercial interest of the Requester.
    (b) To determine if disclosure of the Requested information is in 
the public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the government, 
the Requester shall demonstrate, and NCPC shall consider, the following 
factors:
    (1) Whether the subject of the Requested Records concerns the 
operations or activities of the government. The subject of the Requested 
Records must concern identifiable operations or activities of the 
federal government, with a connection that is direct and clear, not 
remote or attenuated.
    (2) Whether the disclosure is likely to contribute to an 
understanding of government operations or activities. The portions of 
the Requested Records eligible for disclosure must be meaningfully 
informative about government operations or activities. The disclosure of 
information that already is in the public domain, in either a 
duplicative or a substantially identical form, is not likely to 
contribute to an understanding of government operations and activities 
because this information is already known.
    (3) Whether disclosure of the Requested information will contribute 
to public understanding. The disclosure must contribute to the 
understanding of a reasonably broad audience of persons interested in 
the subject, as opposed to the individual understanding of the 
Requester. A Requester's expertise in the subject area and ability and 
intention to effectively convey information to the public shall be 
considered. It shall be presumed that a Representative of the News Media 
satisfies this consideration.
    (4) Whether the disclosure is likely to contribute significantly to 
public understanding of government operations or activities. The 
public's understanding of the subject in question must be enhanced by 
the disclosure to a significant extent, as compared to the level of 
public understanding existing prior to the disclosure. The NCPC shall 
not make value judgments about whether information that would contribute 
significantly to public understanding of the operations or activities of 
the government is important enough to be made public.
    (c) To determine whether disclosure of the information is not 
primarily in the commercial interest of the Requester, the Requester 
shall demonstrate, and NCPC shall consider, the following factors:
    (1) Whether the Requester has a commercial interest that would be 
furthered by the Requested disclosure. The NCPC shall consider any 
commercial interest of the Requester (with reference to the definition 
of Commercial Use Request in Sec. 456.3(f)), or of any person on whose 
behalf the Requester may be acting, that would be furthered by the 
Requested disclosure. Requesters shall be given an opportunity in the 
administrative process to provide explanatory information regarding this 
consideration.
    (2) Whether any identified commercial interest of the Requester is 
sufficiently large in comparison with the public interest in disclosure 
that disclosure is primarily in the commercial interest of the 
Requester. A Fee Waiver is justified where the public interest standard 
of paragraph (b) of this section is satisfied and that public interest 
is greater in magnitude than that of any identified commercial interest 
in disclosure. The NCPC ordinarily shall presume that a Representative 
of the News Media satisfies the public interest standard, and the public 
interest will be the interest primarily served by disclosure to that 
Requester. Disclosure to data brokers or others who merely compile and 
market government information for direct economic return shall not be 
presumed to primarily serve the public interest.

[[Page 81]]

    (d) Where only some of the Records to be released satisfy the 
requirements for a Fee Waiver, a Fee Waiver shall be granted for those 
Records.
    (e) Requests for a Fee Waiver should address the factors listed in 
paragraphs (b) and (c) of this section, insofar as they apply to each 
Request. The NCPC shall exercise its discretion to consider the cost-
effectiveness of its investment of administrative resources in this 
decision-making process in deciding to grant Fee Waivers.



Sec. 456.16  Preservation of FOIA records.

    (a) The NCPC shall preserve all correspondence pertaining to FOIA 
Requests received and copies or Records provided until disposition or 
destruction is authorized by the NCPC's General Records schedule of the 
National Archives and Records Administration (NARA) or other NARA-
approved Schedule.
    (b) Materials that are responsive to a FOIA Request shall not be 
disposed of or destroyed while the Request or a related lawsuit is 
pending even if the Records would otherwise be authorized for 
disposition under the NCPC's General Records Schedule or NARA or other 
NARA-approved records schedule.



PART 457_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP
IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE NATIONAL CAPITAL PLANNING
COMMISSION--Table of Contents



Sec.
457.101 Purpose.
457.102 Application.
457.103 Definitions.
457.104-457.109 [Reserved]
457.110 Self-evaluation.
457.111 Notice.
457.112-457.129 [Reserved]
457.130 General prohibitions against discrimination.
457.131-457.139 [Reserved]
457.140 Employment.
457.141-457.148 [Reserved]
457.149 Program accessibility: Discrimination prohibited.
457.150 Program accessibility: Existing facilities.
457.151 Program accessibility: New construction and alterations.
457.152-457.159 [Reserved]
457.160 Communications.
457.161-457.169 [Reserved]
457.170 Compliance procedures.
457.171-457.999 [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 51 FR 22887, 22896, June 23, 1986, unless otherwise noted.



Sec. 457.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 457.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 457.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, brailled materials, 
audio recordings, telecommunications devices and other similar services 
and devices. Auxiliary aids useful for persons with impaired hearing 
include telephone handset amplifiers, telephones compatible with hearing 
aids, telecommunication devices for deaf persons (TDD's), interpreters, 
notetakers, written materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf

[[Page 82]]

of classes or third parties shall describe or identify (by name, if 
possible) the alleged victims of discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term ``physical or mental 
impairment'' includes, but is not limited to, such diseases and 
conditions as orthopedic, visual, speech, and hearing impairments, 
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, 
cancer, heart disease, diabetes, mental retardation, emotional illness, 
and drug addiction and alcoholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in subparagraph (1) of 
this definition but is treated by the agency as having such an 
impairment.
    Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Qualified handicapped person means--
    (1) With respect to preschool, elementary, or secondary education 
services provided by the agency, a handicapped person who is a member of 
a class of persons otherwise entitled by statute, regulation, or agency 
policy to receive education services from the agency.
    (2) With respect to any other agency program or activity under which 
a person is required to perform services or to achieve a level of 
accomplishment, a handicapped person who meets the essential eligibility 
requirements and who can achieve the purpose of the program or activity 
without modifications in the program or activity that the agency can 
demonstrate would result in a fundamental alteration in its nature;
    (3) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity; 
and
    (4) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 457.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), 
and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used 
in this part, section 504 applies

[[Page 83]]

only to programs or activities conducted by Executive agencies and not 
to federally assisted programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration.



Sec. Sec. 457.104-457.109  [Reserved]



Sec. 457.110  Self-evaluation.

    (a) The agency shall, by August 24, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A description of areas examined and any problems identified, and
    (2) A description of any modifications made.



Sec. 457.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this regulation.



Sec. Sec. 457.112-457.129  [Reserved]



Sec. 457.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangments, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a

[[Page 84]]

program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified handicapped persons to 
discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licensees or certified 
entities that subject qualified handicapped persons to discrimination on 
the basis of handicap. However, the programs or activities of entities 
that are licensed or certified by the agency are not, themselves, 
covered by this part.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this part.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.



Sec. Sec. 457.131-457.139  [Reserved]



Sec. 457.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.



Sec. Sec. 457.141-457.148  [Reserved]



Sec. 457.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 457.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 457.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons;
    (2) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property; or
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 457.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by

[[Page 85]]

a written statement of the reasons for reaching that conclusion. If an 
action would result in such an alteration or such burdens, the agency 
shall take any other action that would not result in such an alteration 
or such burdens but would nevertheless ensure that handicapped persons 
receive the benefits and services of the program or activity.
    (b) Methods--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by handicapped persons. The agency is not 
required to make structural changes in existing facilities where other 
methods are effective in achieving compliance with this section. The 
agency, in making alterations to existing buildings, shall meet 
accessibility requirements to the extent compelled by the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 
regulations implementing it. In choosing among available methods for 
meeting the requirements of this section, the agency shall give priority 
to those methods that offer programs and activities to qualified 
handicapped persons in the most integrated setting appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 457.150(a) in historic preservation programs, the agency shall 
give priority to methods that provide physical access to handicapped 
persons. In cases where a physical alteration to an historic property is 
not required because of Sec. 457.150(a)(2) or (a)(3), alternative 
methods of achieving program accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide handicapped persons into or through 
portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by October 21, 1986, except 
that where structural changes in facilities are undertaken, such changes 
shall be made by August 22, 1989, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by February 23, 1987 a transition plan setting 
forth the steps necessary to complete such changes. The agency shall 
provide an opportunity to interested persons, including handicapped 
persons or organizations representing handicapped persons, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.



Sec. 457.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.

[[Page 86]]



Sec. Sec. 457.152-457.159  [Reserved]



Sec. 457.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf person (TDD's) or 
equally effective telecommunication systems shall be used.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 457.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity, 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the agency 
shall take any other action that would not result in such an alteration 
or such burdens but would nevertheless ensure that, to the maximum 
extent possible, handicapped persons receive the benefits and services 
of the program or activity.



Sec. Sec. 457.161-457.169  [Reserved]



Sec. 457.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The Executive Director shall be responsible for coordinating 
implementation of this section. Complaints may be sent to Equal 
Employment Opportunity Director, National Capital Planning Commission, 
1325 G Street NW., Washington, DC 20576.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended

[[Page 87]]

(42 U.S.C. 4151-4157), or section 502 of the Rehabilitation Act of 1973, 
as amended (29 U.S.C. 792), is not readily accessible to and usable by 
handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 457.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[51 FR 22887, 22896, June 23, 1986, as amended at 5l FR 22888, June 23, 
1986]



Sec. Sec. 457.171-457.999  [Reserved]



PART 500_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN
PROGRAMS OR ACTIVITIES CONDUCTED BY THE NATIONAL COMMISSION FOR EMPLOYMENT
POLICY--Table of Contents



Sec.
500.101 Purpose.
500.102 Application.
500.103 Definitions.
500.104-500.109 [Reserved]
500.110 Self-evaluation.
500.111 Notice.
500.112-500.129 [Reserved]
500.130 General prohibitions against discrimination.
500.131-500.139 [Reserved]
500.140 Employment.
500.141-500.148 [Reserved]
500.149 Program accessibility: Discrimination prohibited.
500.150 Program accessibility: Existing facilities.
500.151 Program accessibility: New construction and alterations.
500.152-500.159 [Reserved]
500.160 Communications.
500.161-500.169 [Reserved]
500.170 Compliance procedures.
500.171-500.999 [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 51 FR 22888, 22896, June 23, 1986, unless otherwise noted.



Sec. 500.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 500.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 500.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.

[[Page 88]]

    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, brailled materials, 
audio recordings, telecommunications devices and other similar services 
and devices. Auxiliary aids useful for persons with impaired hearing 
include telephone handset amplifiers, telephones compatible with hearing 
aids, telecommunication devices for deaf persons (TDD's), interpreters, 
notetakers, written materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term physical or mental impairment 
includes, but is not limited to, such diseases and conditions as 
orthopedic, visual, speech, and hearing impairments, cerebral palsy, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, 
diabetes, mental retardation, emotional illness, and drug addiction and 
alcoholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in subparagraph (1) of 
this definition but is treated by the agency as having such an 
impairment.
    Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Qualified handicapped person means--
    (1) With respect to preschool, elementary, or secondary education 
services provided by the agency, a handicapped person who is a member of 
a class of persons otherwise entitled by statute, regulation, or agency 
policy to receive education services from the agency.
    (2) With respect to any other agency program or activity under which 
a person is required to perform services or to achieve a level of 
accomplishment, a

[[Page 89]]

handicapped person who meets the essential eligibility requirements and 
who can achieve the purpose of the program or activity without 
modifications in the program or activity that the agency can demonstrate 
would result in a fundamental alteration in its nature;
    (3) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity; 
and
    (4) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 500.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), 
and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used 
in this part, section 504 applies only to programs or activities 
conducted by Executive agencies and not to federally assisted programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration.



Sec. Sec. 500.104-500.109  [Reserved]



Sec. 500.110  Self-evaluation.

    (a) The agency shall, by August 24, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the self-evaluation, maintain on file and make available for public 
inspection:
    (1) a description of areas examined and any problems identified, and
    (2) a description of any modifications made.



Sec. 500.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this regulation.



Sec. Sec. 500.112-500.129  [Reserved]



Sec. 500.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide

[[Page 90]]

qualified handicapped persons with aid, benefits, or services that are 
as effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangments, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified handicapped persons to 
discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licensees or certified 
entities that subject qualified handicapped persons to discrimination on 
the basis of handicap. However, the programs or activities of entities 
that are licensed or certified by the agency are not, themselves, 
covered by this part.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this part.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.



Sec. Sec. 500.131-500.139  [Reserved]



Sec. 500.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.



Sec. Sec. 500.141-500.148  [Reserved]



Sec. 500.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 500.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 500.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--

[[Page 91]]

    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons;
    (2) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property; or
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 500.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
handicapped persons receive the benefits and services of the program or 
activity.
    (b) Methods--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by handicapped persons. The agency is not 
required to make structural changes in existing facilities where other 
methods are effective in achieving compliance with this section. The 
agency, in making alterations to existing buildings, shall meet 
accessibility requirements to the extent compelled by the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 
regulations implementing it. In choosing among available methods for 
meeting the requirements of this section, the agency shall give priority 
to those methods that offer programs and activities to qualified 
handicapped persons in the most integrated setting appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 500.150(a) in historic preservation programs, the agency shall 
give priority to methods that provide physical access to handicapped 
persons. In cases where a physical alteration to an historic property is 
not required because of Sec. 500.150(a)(2) or (a)(3), alternative 
methods of achieving program accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide handicapped persons into or through 
portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by October 21, 1986, except 
that where structural changes in facilities are undertaken, such changes 
shall be made by August 22, 1989, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by February 23, 1987 a transition plan setting 
forth the steps necessary to complete such changes. The agency shall 
provide an opportunity to interested persons, including handicapped 
persons or organizations representing handicapped persons, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--

[[Page 92]]

    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.



Sec. 500.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.



Sec. Sec. 500.152-500.159  [Reserved]



Sec. 500.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf person (TDD's) or 
equally effective telecommunication systems shall be used.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and adminstrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 500.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity, 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the agency 
shall take any other action that would not result in such an alteration 
or such burdens but would nevertheless ensure that, to the maximum 
extent possible, handicapped persons receive the benefits and services 
of the program or activity.



Sec. Sec. 500.161-500.169  [Reserved]



Sec. 500.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section

[[Page 93]]

504 with respect to employment according to the procedures established 
by the Equal Employment Opportunity Commission in 29 CFR part 1613 
pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791).
    (c) The Director shall be responsible for coordinating 
implementation of this section. Complaints may be sent to Director, 
National Commission for Employment Policy, Suite 300, 1522 K Street NW., 
Washington, DC 20005.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily 
accessible to and usable by handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 500.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[51 FR 22888, 22896, June 23, 1986, as amended at 51 FR 22888, June 23, 
1986]



Sec. Sec. 500.171-500.999  [Reserved]

[[Page 95]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 97]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2016)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)

[[Page 98]]

    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)

[[Page 99]]

      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)

[[Page 100]]

    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
     XCVII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Partys 10000--10049)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)

[[Page 101]]

        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)

[[Page 102]]

         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)

[[Page 103]]

        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)

[[Page 104]]

       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)

[[Page 105]]

         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)

[[Page 106]]

       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 107]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)

[[Page 108]]

        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)

[[Page 109]]

      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)

[[Page 110]]

        IV  Office of Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

[[Page 111]]

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)

[[Page 112]]

       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--599)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)

[[Page 113]]

        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)

[[Page 114]]

         3  Health and Human Services (Parts 300--399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

[[Page 115]]

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 117]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2016)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 118]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Career, Technical and Adult Education, Office of  34, IV
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I

[[Page 119]]

Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical and Adult Education, Office   34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 120]]

  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV

[[Page 121]]

Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 6, I; 8, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 122]]

Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  2, XXIX; 5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 123]]

  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VII
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space 
     AdministrationI722, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    5, C; 34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI

[[Page 124]]

National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII

[[Page 125]]

Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               2, X;5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
   and Water Commission, United States Section
[[Page 126]]

U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 127]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2011 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2011

1 CFR
                                                                   76 FR
                                                                    Page
Chapter I
9 Revised...........................................................6312
11.4 Revised........................................................6313
12.3 Removed........................................................6313
Chapter III
304 Added..........................................................18636

                                2012_2013

                       (No regulations published)

                                  2014

1 CFR
                                                                   79 FR
                                                                    Page
Chapter I
51.3 Revised; eff. 1-6-15..........................................66278
51.5 Revised; eff. 1-6-15..........................................66278
51.7 (a) revised; eff. 1-6-15......................................66278
51.9 (a) and (c) revised; eff. 1-6-15..............................66278
Chapter IV
456 Revised........................................................10952

                                  2015

                       (No regulations published)


                                  [all]