C.F.R. » Title 1 » CHAPTER I—ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER › SUBCHAPTER E—PREPARATION, TRANSMITTAL, AND PROCESSING OF DOCUMENTS › PART 18—PREPARATION AND TRANSMITTAL OF DOCUMENTS GENERALLY

1 C.F.R. § 18.12

Preamble requirements

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(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: (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]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1994–2023 · leading case: Nat'l Whistleblower Ctr. v. Dep't of Health & Human Servs., 849 F. Supp. 2d 13 (D.D.C. 2012).
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Nat'l Whistleblower Ctr. v. Dep't of Health & Human Servs., 849 F. Supp. 2d 13 (D.D.C. 2012). “For example, 1 C.F.R. § 18.12 requires that “[ejach 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.”
Samuel G. Kooritzky v. Robert B. Reich, Sec'y of Labor, 17 F.3d 1509 (D.C. Cir. 1994). “” 1 C.F.R. § 18.12 (a). To the nonexpert reader, the Department’s preamble in July offered no clues of what was to come in October.”
Caudill v. The Hartford Life & Accident Ins. Co. (S.D. Ohio 2023). “4 (January 7, 2022)); 1 C.F.R. § 18.12 . In situations where there is a discrepancy between the Federal Register and the C.”
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