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(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.
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.
(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.
(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 Federal Register after agency consultation.
(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.
(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 § 21.11.
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 “§ 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.
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.
(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.
(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 a brief descriptive heading, preceding the text, on a separate line.
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.
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.
(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.
(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.
For parallel reference, the Code of Federal Regulations and the Federal Register may be cited in the following forms, as appropriate:
___ CFR ___ (___ FR ___). § ___ of this chapter (___ FR ___).
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., ___.
Each document subject to codification shall include a clear statement as to the date or dates upon which its contents become effective.
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.
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.
(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.
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.
(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.
Citation to a nonstatutory document as authority shall be placed after the statutory citations. For example:
(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.
(a) United States Code. All citations to statutory authority shall include a 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:
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:
PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION (U.S.C.). Retrieved via LawPlayer, https://lawplayer.com/us/act/cfr-title-1-part-21
United States government works (U.S. Code, Code of Federal Regulations) are in the public domain under 17 U.S.C. § 105.
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