THE FEDERAL REGISTER
T H E F E DERAL REGISTERMARCH 14, 1936 — MARCH 14, 2006
First cover of the Federal Register, March 14, 1936.
THE OFFICE OF THE FEDERAL REGISTERA Brief History Commemorating the 70th Anniversaryof the Publication of the First Issue of the Federal RegisterMARCH 14, 1936
The Federal RegisterThe Federal Register is the legacy of a “perfect storm”of events that peaked as a public policy concern inDecember 1934. In response to those events, theFederal Register Act was approved on July 26, 1935,the Panama Oil caseand forced the handof the committeestudying the issue forPresident Roosevelt.Congress passed legislationand the first issue of the Federal Register was publishedto create the Federal Register, and theon March 14, 1936. Throughout the remainder of the(Pub. L. 74-220, July 26, 1935).20th Century, the Federal Register system expandedPresident signed it into lawThe Act created a lasting partnershipbetween the National Archives andand evolved as the nation’s leaders gained experiencethe Government Printing Office. Theusing the system to conduct the business of governmentthrough a Division in the NationalArchivist of the United States, actingArchives, was charged with custody ofin times of peace and war.and, with the Public Printer, promptand uniform printing and distributionOn December 10, 1934, at the SupremeThe next day, at the White House,of public documents in a publicationCourt, the Assistant Attorney Generalwhere the great men of the New Dealdesignated the Federal Register. Theof the United States had been grilledhad been arguing over the value ofdocuments were to include: Presidentialduring oral arguments in the first casepublishing a gazette containing theproclamations and Executive orders;to reach the Court challenging theorders issued by Executive Branchdocuments the President determined toconstitutionality of the centerpiece ofofficers, President Roosevelt laid aside hishave general applicability and legal effect;President Roosevelt’s “New Deal” — themisgivings about possible misuse of thedocuments required to be publishedNational Industrial Recovery Act (NIRA).publication for propagandistic purposesby Act of Congress; and documentsThe critical constitutional issues at stakeand appointed a committee of theauthorized to be published by regulations.were mostly ignored that day while theNational Emergency Council to make aJustices focused on the fact that thespecial study of the idea.defendants, two Texas oil companies, hadMeanwhile, behind-the-scenesAgencies were to compile and filea complete set of all their documentsthat were in force as of January 26,been charged with violating a provision ofmaneuvering by lawmakers and1936, and they were to begin filing newregulations that technically did not existinfluential legal minds, including Supremedocuments by September 26, 1936. Theat the time the companies were charged.Court Justice Louis Brandeis, culminatedAct provided for the immediate publicThe defects in the case highlighted ain the publication on December 11,inspection of all documents filed with thefundamental problem facing a democratic1934 of a Harvard Law Review article byDivision, established an Administrativegovernment that was exploding with newErwin Griswold entitled “Government inCommittee to issue relevant regulations,agencies and new regulations. AmidstIgnorance of the Law – A Plea for Betterand stated that documents could not bethe ferment of orders and codes issuingPublication of Executive Legislation.” Thevalid against any person until filed at thefrom agencies, even individuals workingarguments Griswold made for orderlyFederal Register. The Division was to beat the highest levels of government foundpublication of the official actions of theheaded by a Director appointed by theit difficult or impossible to keep track ofExecutive Branch were underlined whenPresident and acting under the generalall of them. And for the regulated public,the Supreme Court issued its opinion indirection of the Archivist.this new body of “executive legislation”was inaccessible and virtually hidden.2A Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register March 14, 1936
Setting Up OperationsIn 1935 the National Archives was as new as the Divisionof the Federal Register that was placed within it. TheIn September 1935, even beforeregulations had been issued, the newstaff sent letters to 123 different agenciesfirst Director of the Federal Register, retired Armyto explain the requirements of theMajor Bernard R. Kennedy, was appointed by PresidentCommittee approved the format ofRoosevelt, effective September 3, 1935. On November 8,1935, he joined the first Archivist, Robert D.W. Connor,and the heads of the four other divisions of the newlyFederal Register Act. The Administrativedaily issues of the Federal Register, itssubscription price of 10 per year,and rules governing Federal Registerpublication, all of which were issued asregulations signed by the President onformed National Archives in relocating from temporaryMarch 2, 1936. Based on these procedures,quarters in the Justice Department building to occupyfiled with the Division on March 12, 1936,the first documents for publication wereand the first issue of the Federal Registerthe newly opened National Archives Building.was published on March 14, 1936. Itcontained sixteen pages.The AdministrativeCommittee, comprised of theArchivist, the Public Printer,and a representative of theAttorney General, held itsfirst meeting on September27, 1935, and met regularlythereafter. Based upontheir recommendations, theMajor Bernard R. Kennedy, first Directorof the Federal Register (1935-1959), andhis small staff began startup activitiesimmediately:President issued the firstregulations governing the“It was necessary to establish contacts withprocess of filing documentsthe many agencies of the Government, toon February 18, 1936, inExecutive Order 7298.explain to them the requirements of theAct, and to request that the submission ofcompilations be undertaken immediatelyand that liaison officers be appointed forcontact work with the Division.”[2nd Annual Report of the Archivistof the United States 1935-1936]A Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register March 14, 19363
The Code of Federal RegulationsToday the Office of the Federal Register, in partnershipthe printing processes of the Federalwith the Government Printing Office (GPO), publishesin the policies and procedures of theRegister always have played a central roleeleven separate series of government publications as aFederal Register system. At times thosepart of the Federal Register system. Seventy years agodriving force for change. At other times,needs and capabilities have been thethe Federal Register was the sole publication required byGPO has adjusted its processes to thethe Federal Register Act. But the need for supplementaryof the Federal Register system. But thepublications became apparent during the first year ofneeds created by the legal requirementsrelationship between the Federal Registerand GPO always has been a partnership,operations. The Federal Register Index was the first suchas envisioned by the Federal Register Act.supplementary publication which the Division began toand its functions transferred to theproduce immediately as a reference guide to the materialFederal Register Division in 1939, thein the daily publication.edition of the 15-volume series appeared.The Codification Board was abolishedsame year that the first volume of the firstThe first annual Supplement wasDuring its first year of operation, theAs the Codification Board met andpublished in 1940. Although the CodeAdministrative Committee proposedconsidered the needs of agencies and theof Federal Regulations would change inamending the Federal Register Act topublic, it came to the conclusion thatsignificant ways during the next 65 years,provide for a codification, rather than acodification should be done on the basisthe major components of the Federalmere compilation, of the vast amountsof a common structure with commonRegister system remain the Code, referredof materials being identified by agencieselements. At the recommendation of theto as a special edition, and the Federalas regulatory material. The amendment,Administrative Committee, on OctoberRegister. In reality, the Federal Register isintroduced by the sponsor of the original11, 1938, the President authorized aa daily edition of changes to the standingact, Representative Emanuel Celler (D-new publication: the Code of FederalCode of Federal Regulations.NY), became Public Law 75-158 whenRegulations. The new Code was madeapproved by the President on June 19,up of 50 titles, or subject areas, to beproposal to create a codification of1937. Each agency was to prepare andupdated with annual supplements untilFederal regulations was the first offile with the Administrative Committee1943 when a general codification wouldmany alterations and enhancements toa complete codification of all documentsagain be required from all agencies, thenthe Federal Register system that havehaving legal effect and in force on Juneand every five years thereafter.demonstrated its flexibility and resilience.1, 1938. The codifications were due byIn anticipation of the new codificationThe Administrative Committee’sThe system has been adapted to changingJuly 1, 1938, and a re-codification wassystem, the June 4, 1938 issue ofneeds and circumstances, but its purposerequired every fifth year thereafter. Thethe Federal Register for the first timeremains essentially that envisioned inamendment established a Codificationgrouped documents according to the1935 – a source for and record of theBoard made up of Federal Register andtitles in the Code, and the number ofofficial actions of Executive BranchJustice Department attorneys to setcolumns increased from two to three toofficers of the Federal Government.policy for the new codification.accommodate printing in the Code. Theneeds and capabilities associated with4A Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register March 14, 1936
The Winds of WarAfter five years of editorial and publishing experience, theFederal Register Division confronted enormous changesBecause so many of the regulationsin effect on June 1, 1943, when theFederal Register Act required a newwrought by the demands of a government gone to warcodification of all documents, were of afollowing the attack on Pearl Harbor at the end of 1941.Congress authorized the publicationtemporary nature relating to war needs,Some of the changes were temporary — the dramaticof a cumulative supplement that yearrise in the number of documents published, for exampleadditional annual supplements were— while others left a permanent imprint on both theinstead of a completely new Code, andauthorized for the duration of the war.publication and the Division. The number of documentsprinted jumped from 7,850 in Fiscal Year (FY) 1941In 1944 David C. Eberhart, Jr., movedto 18,569 in FY1943, then returned closer to pre-warinto the post of Chief Editor, a rolelevels by FY1947. The nature of the information in theKennedy that he was to play, withdocuments reflected the nation at war: price schedules,preference orders, export control regulations, selectiveservice regulations, rationing orders; documents on aliensas second in command to Majorvarying titles, until he succeededthe Director in 1959. When Eberhartretired in 1970, the Division of theFederal Register had been led byonly two men forand nationality, consumer credit, and the establishment ofthe entire firstnew war agencies. One class of documents was no longerof its existence,thirty-five yearspublished: summaries of contracts for manufacture ofand their tenuremunitions and implements of war.for fifteen of thosehad overlappedyears. At its 70thConsiderable assistance not directlyDuring the war some trade journalsconnected with the publication of theand other papers began a daily practiceFederal Register began to be given toof telephoning to ask whether regulationsAnniversary theFederal Register hasknown three primaryGovernment officials and business leaderson particular subjects had been filed forgenerations of editors – those whounfamiliar with the Federal regulatorypublication the next day. Others sentset up the publication systems inprocess. The Division aided officialstypists to copy the documents beforethe 1930s and 1940s; those whoof many war agencies in drafting andthey were printed in the Federal Register.knew and learned from that firstissuing rules and regulations guiding notThese practices continue today in thegeneration; and a generation trainedonly the public but also their own largePublic Inspection area of the Office,by those once-removed from the firstand scattered staffs. Providing draftingalthough researchers now use copyinggeneration. During the past decadeassistance to agencies has remained a partmachines, computer terminals, and digitalthis latter generation has begunof the work of the staff of the Federalcameras to do their work.passing the torch to a new, fourthRegister since that time.A Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register March 14, 1936generation of staff.5
The Administrative Procedure ActOn June 11, 1946, only months after the 10th anniversaryThe issue of January 1, 1947 was the firstof the publication of the first issue of the Federal Register,requirement to publish organizationalto have a Proposed Rule category. Theby means of which the results of agency rulemaking wereinformation resulted in publication ofplaced in the public domain, the Administrative Procedureon September 11, 1946, containingthe largest single issue up to that dateAct (APA) (5 U.S.C. 552) was approved to place the1,094 pages. The APA transformed therulemaking process itself in the public domain as well.source of authoritative information aboutThe APA established a new process for informal (non-democratic, quasi-legislative process byFederal Register from being merely aregulations to being an integral part of thejudicial) rulemaking: Agencies were required to publishwhich those regulations were formed.notices of proposed rulemaking in the Federal RegisterFederal Crop Insurance Corp. v. MerrillThe Supreme Court’s decision inand provide the opportunity for public comment before(332 U.S. 380) on November 10, 1947,final rules could be put into effect. In addition, mostprocess of publishing regulations inagencies were required to publish statements of generalpolicy, descriptions of organization, procedure, anddelegations of final authority in the Federal Register.substantiated the importance of thethe daily Federal Register. The Courtdetermined that the appearance of rulesand regulations in the Federal Registergives legal notice of their content andthey are accordingly binding regardlessof actual knowledge of their contentor of hardship resulting from innocentignorance – approving the principle ofconstructive notice with regard to rulesand regulations and placing them on a parFifty years after enactment ofwith statutory law.the Administrative ProcedureAct, the National Archivesand Records Administrationand the American BarAssociation commemoratedthe event on October 6,1995, and singled out two ofthe Act’s “founding fathers”Clark Byse (left) and WalterGelhorn (right).President Reagan took noteof the 50th Anniversary of theFederal Register Act in 1985.6A Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register March 14, 1936
Years of ChangeAs the middle decade of the 20th Century neared, the64 from the 81st Congress (1949-50)nation seemed anxious to put away the last vestiges ofwhich continued to edit the Treaties andits war footing. A movement to modernize government,International Agreements contained into make it more efficient, and to apply principles ofmaterials were published separately bywas shared with the State Departmentthe Statutes volumes. After that, thosebusiness to government took hold. The Federal Registerthe State Department in a new series.and its companion publications felt the force of thesethe 1st Session of the 85th Congress,Volume 71 of the Statutes at Large, forpublished in 1958, rounded out a series ofmovements in a variety of ways.improvements instituted by the Divisionto make the volumes more useable andavailable on a timely basis.Upon recommendation of theto the Administrator of the new GeneralAdministrative Committee, PresidentServices Administration (GSA). TheTruman on February 4, 1948, authorized,Archivist, now the head of the Nationalpreceded by the publication of pamphlet-in Executive Order 9930, the firstArchives and Records Service (NARS)sized editions of each law, called Slipcomplete revision of the Code of Federalwithin GSA, retained the role ofLaws. The responsibility to receive theRegulations, to be issued in 1949. InChairman of the renamed “Administrativeoriginal documents approved by theworking on the 1949 edition, the staff ofCommittee of the Federal Register” andPresident, or approved by Congress overthe Division of the Federal Register hadthe Division of the Federal Register wasthe President’s veto, to assign public lawto cover a ten-year period, instead of theretained within NARS.numbers to them, and to publish themPublication of the Statutes at Large isas Slip Laws, also was delegated to theintended five-year period, and the newFederal Register Division.edition required changes in both scopeNew Responsibilitiesand content. Editors added a table linkingSince the founding of the Americanstatutory law and related administrativeRepublic the Department of State hadfrom the Department of State wasregulations, tables that are still revisedserved not only as the arm of the Presidentthe responsibility for the receipt andand maintained today. The new Codein the conduct of foreign relations, butpublication of amendments to thewas to be updated by cumulative pocketas the office handling his ministerialConstitution of the United States and thesupplements to each volume rather thanduties. On May 24, 1950, Presidentorganization of the process surroundingby single annual supplements to theTruman separated these duties in hisratification of amendments withinentire Code.Reorganization Plan No. 20, removing allthe States. Shortly after taking on thisAnother ministerial function transferredThe efficiencies applied to the newactivities not related to foreign affairs toresponsibility, the Federal Register DivisionCode reduced the total pages in it fromother agencies in the Executive Branch.handled the certification and publicationthe 39,000 in the original Code plus itsIn this process, four new responsibilitiesof the 22nd Amendment to theSupplements to 22,000 in the new Code.were assigned to the General ServicesConstitution. Five more followed, mostThe complete set of 45 total volumes wasAdministration and delegated to therecently the 27th Amendment, certified onavailable by June 30, 1950.Federal Register Division within it.May 7, 1992, an amendment historicallyOn June 30, 1949 the Federal PropertyThe Statutes at Large is thesignificant for being among the originaland Administrative Services Act (63chronological compilation of all thetwelve resolutions, ten of which becameStat. 381) was approved by the Presidentpublic and private laws of the Unitedthe first ten Constitutional Amendmentsand the functions of the Director of theStates and Presidential proclamations.known collectively as the “Bill of Rights.”Federal Register Division were transferredWhen transferred to the Federal RegisterDivision, work on Volumes 63 andA Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register March 14, 19367
Serving the Government in New WaysA final responsibility delegated tothe Fe
4 A Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register March 14, 1936 the printing processes of the Federal Register always have played a central role in the policies and procedures of the Federal Register system. At times those needs and capabilities have been the driving force for .
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Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. Crawford M., Marsh D. The driving force : food in human evolution and the future.
Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. 3 Crawford M., Marsh D. The driving force : food in human evolution and the future.
