U.S. Code » Title 44 » Chapter CHAPTER 15— FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS

44 U.S.C. § 1507

Filing document as constructive notice; publication in Federal Register as presumption of validity; judicial notice; citation

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A document required by section 1505(a) of this title to be published in the Federal Register is not valid as against a person who has not had actual knowledge of it until the document has been filed with the Office of the Federal Register and a copy made available for public inspection as provided by section 1503 of this title. Unless otherwise specifically provided by statute, filing of a document, required or authorized to be published by section 1505 of this title, except in cases where notice by publication is insufficient in law, is sufficient to give notice of the contents of the document to a person subject to or affected by it. The publication in the Federal Register of a document creates a rebuttable presumption—(1) that it was duly issued, prescribed, or promulgated;(2) that it was filed with the Office of the Federal Register and made available for public inspection at the day and hour stated in the published notation;(3) that the copy contained in the Federal Register is a true copy of the original; and(4) that all requirements of this chapter and the regulations prescribed under it relative to the document have been complied with.The contents of the Federal Register shall be judicially noticed and without prejudice to any other mode of citation, may be cited by volume and page number.(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1276; Pub. L. 118–267, § 2(a)(2), Jan. 4, 2025, 138 Stat. 2983.)Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., § 307 (July 26, 1935, ch. 417, § 7, 49 Stat. 502).

Editorial NotesAmendments

2025—Pub. L. 118–267, § 2(a)(2)(A), substituted “the document has been filed” for “the duplicate originals or certified copies of the document have been filed” in introductory provisions.

Par. (2). Pub. L. 118–267, § 2(a)(2)(B), substituted “published” for “printed”.

Notes of Decisions
Cited in 273 cases (43 in the last 5 years), 1969–2026 · leading case: One Hour Cleaners v. Indus. Claim Appeals Off., 914 P.2d 501 (Colo. Ct. App. 1995).
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One Hour Cleaners v. Indus. Claim Appeals Off., 914 P.2d 501 (Colo. Ct. App. 1995). · cites it 12× “One of the documents presented for judicial notice by petitioners, was published in the Federal Register by a federal agency pursuant to 44 U.S.C. § 1507 (1988). That document was a final notice of the HCFA announcing the withdrawal of Medicare coverage of thermography for all…”
Humane Soc'y of the United States v. AGRI, 41 F.4th 564 (D.C. Cir. 2022). · cites it 5× “” 44 U.S.C. § 1507 . A document “is not valid as against a person who has not had actual knowledge of it until .”
Rubio v. Capital One Bank, 613 F.3d 1195 (9th Cir. 2010). · cites it 2× “2003) (noting that under 44 U.S.C. § 1507 , the Federal Register must be judicially noticed).”
Suntec Indus. Co., Ltd. v. United States, 857 F.3d 1363 (Fed. Cir. 2017). · cites it 4× “” 44 U.S.C. § 1507 . That provision applies to the initia- tion notice here.”
Lyng v. Payne, 476 U.S. 926 (1986). · cites it 2× “See 44 U. S. C. § 1507 (Publication in *943 Federal Register "is sufficient to give notice of the contents of the document to a person subject to or affected by it").”
George v. United States, 672 F.3d 942 (10th Cir. 2012). · cites it 3× “Congress has instructed that (subject to exceptions not relevant here) publishing a regulation in the Federal Register must be considered “sufficient to give notice of [its] contents” to “a person subject to or affected by it.”
State v. Alaska Land Title Ass'n, 667 P.2d 714 (Alaska 1983). · cites it 6× “In my view, however, this appeal involves a situation in which notice by publication is "insufficient in law" within the meaning of 44 U.S.C. § 1507 . Our task is to determine whether Congress intended that the sufficiency of published notice of federal directives affecting…”
Davila v. Lang, 343 F. Supp. 3d 254 (S.D. Ill. 2018). “See 44 U.S.C. § 1507 (permitting court to take judicial notice of the Federal Register's contents); In re Frito-Lay N.”
Nat. Res. Def. Council v. U.S. Dep't of Energy, 362 F. Supp. 3d 126 (S.D. Ill. 2019). · cites it 3× “See 44 U.S.C. § 1507 ("A document required ..”
Transcontinental Gas Pipe Line Co., LLC v. Gail Brandon Cochran, 910 F.3d 1130 (11th Cir. 2018). “See 44 U.S.C. § 1507 ("The contents of the Federal Register shall be judicially noticed.”
Hadley v. Kellogg Sales Co., 243 F. Supp. 3d 1074 (N.D. Cal. 2017). “See 44 U.S.C. § 1507 (“The contents of the Federal Register shall be judicially noticed .”
Dixson v. United States, 465 U.S. 482 (1984). · cites it 2× “[6] 44 U. S. C. § 1507 . The appearance of rules and regulations in the Federal Register gives legal notice of their contents.”
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