CFR 2015 Liaison Conference Presentation Steve Frattini, CFR Unit Supervisor Overview of the unit, the products we produce, and wrap up with a quick discussion on corrections

Meet the CFR Unit Staff Unit Supervisor Six GS-12 technical writer-editors for the CFR and e-CFR One GS-13 lead technical writer-editor for the CFR and e-CFR Decades of experience at the Register

What is the CFR? CFR stands for Code of Federal Regulations Codification of regulatory text published in the Federal Register as a rule

What is the CFR? (Cont.) Volumes organized in 50 titles Each title represents a subject area At present, 50 titles take up 238 volumes + CFR Index. CFR unit responsible for 237 Size of each title varies. title 32 (National Defense) takes up 6 vols; title 40 (mostly EPA) takes up 33 vols. Others, like title 23 (Highways) take up only 1 book. Title 35 since 2004 is the only vacated title. Formerly Panama Canal

What is the CFR? (Cont.) Printed CFR is the official, legal version www.fdsys.gov All volumes are published once a year, one quarter of the volumes every 3 months Title 1 – Title 16 As of January 1 Title 17 – Title 27 As of April 1 Title 28 – Title 41 As of July 1 Title 42 – Title 50 As of October 1 Volumes with no changes are “cover only” Fdsys authenticated electronic versions of the printed book ~40 volumes per editor per quarter

e-CFR Electronic Code of Federal Regulations Launched February 2001 Updated daily, two Federal workdays behind the calendar Not legal, but is the source for printed, legal edition. Effective date driven www.ecfr.gov Updates for effective dates that occur on weekends and holidays are grouped with the next business day For example, this afternoon the CFR editors will be sending in amendments for the June 1 effective date. Also included may be amendments effective May 30 and 31.

e-CFR (Cont.) Incorporate amendments effective on Federal Register publication Insert links to amendment text that published but not yet effective. Incorporate amendments that published in a prior Federal Register with a future effective date. Links link to the amendatory text sourced from the Federal Register. Also contain a link to the official, authenticated online Federal Register on FDSys

e-CFR Linking New persistent method for creating e-CFR links debuted in August 2014. Old method resulted in broken bookmarks and links when parts and sections were added. Check Agency sites for broken links ecfr.gpoaccess.gov redirects New method uses an identifier unique to each section and part level

e-CFR Point In Time Launched Spring 2015, e-CFR PIT lets you view previous updates to the e-CFR Driven by effective date Data from January 1, 2015 forward Easily accessed from the main e-CFR page Right now we’re showing data for the Friday, May 29 on the eCFR.

e-CFR Point In Time (Cont.) “Browse/Search Previous” on left

e-CFR Point In Time (Cont.) Select month, day, and year to view. Press Go.

e-CFR Point In Time (Cont.) If there was no update for the date selected, the effective date prior is returned.

e-CFR Point In Time (Cont.) Date selected is equal to the current e-CFR

Corrections Despite our collective best efforts, they happen during the course of drafting, printing, and incorporation. Daily Issue correction Agency issued correction e-CFR correction CFR correction Often times the first step is just determining where in the process that the error occurred

Daily Issue Correction Rule document is sent by OFR to GPO correct but publishes incorrectly. Daily Issue unit drafts and publishes a correction the Federal Register. CFR unit incorporates the correction.

Agency Issued Correction Incorporation error caused by: Inaccurate amendatory instruction Incorrect regulatory text Agency must publish a Rule correction in the Federal Register. Often referred to as “correcting amendments” Scheduling unit can provide drafting guidance. Format depends on effective date

Agency Issued Correction (Cont.) If the effective date of the rule you are correcting has not yet occurred, use the format for corrections to the Federal Register Effective date must be the same or later than the effective date of the original rule being corrected If the effective date of the rule you are correcting has already occurred, use the format for correcting amendments to the CFR Effective date cannot be earlier than the publication date of the correction Formats and other details found in the DDH: http://www.archives.gov/federal-register/write/handbook/suppl2.pdf Scheduling unit can assist with drafting a correction. And for the unusual cases will work with the CFR unit and the book’s editor to determine the best plan forward.

CFR Corrections CFR Unit editing errors: Incorrectly incorporating an amendment Failing to incorporate an amendment Fixed via: e-CFR Correction CFR Correction

e-CFR Correction Error caught prior to the revision date of the printed CFR. May be corrected as early as the next business day. Documented on the e-CFR corrections page Text will be correct in the printed CFR

CFR Correction Errors caught after the revision date of the paper CFR Tend to be older errors that require research in the Federal Register, CFR, and LSA. Consultation with issuing agency if needed. Published in the Federal Register Incorporated into the e-CFR Printed in the CFR at next revision.

CFR Correction CFR corrections amend the most recently revised volume. It is the current legal version and supersedes prior versions CFR corrections are listed in the LSA CFR corrections are not sourced in the source notes. They do not make new regulatory changes and are only restoring the text to conform to the instructions directed by the issuing agency No “statute of limitations” for reporting CFR errors

What Is Not a CFR Correction? Changes to conform with GPO, Agency, or CFR style Spelling, spacing, and punctuation errors that do not change the meaning of the regulations Removal of GPO printing tags and other artifacts introduced during printing or electronic processing. Changes to the font text size Changes to source or editorial notes Obvious typos, at the discretion of the CFR Unit Supervisor

Avoiding CFR Corrections Consult the e-CFR during drafting Work with Scheduling unit to draft clear, concise amendatory instructions. Rules with 100+ amendments to incorporate effective on publication reduce review time.

Reporting CFR Errors Contact the Scheduling unit and they will forward your concern to us. We in the CFR Unit will investigate and report our findings and plan of action to you Contact the CFR Unit directly, via email to ecfr@nara.gov, or by calling 202-741-6090 Steve Frattini, CFR Supervisor sfrattini@gpo.gov 202-741-6031

Questions?