1 C.F.R. Subpart A—General
Title 1 - General Provisions
Title 1: General Provisions
PART 21—PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION
Subpart A—General
§ 21.1 Drafting.
(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.
[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]
§ 21.6 Notice of expiration of codified material.
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
[54 FR 9682, Mar. 7, 1989]
Code Structure
§ 21.7 Titles and subtitles.
(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.
§ 21.8 Chapters and subchapters.
(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.
[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]
§ 21.9 Parts, subparts, and undesignated center heads.
(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.
§ 21.10 Sections.
(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.
Numbering
§ 21.11 Standard organization of the Code of Federal Regulations.
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.
[54 FR 9682, Mar. 7, 1989; 54 FR 23343, May 31, 1989]
§ 21.12 Reservation of numbers.
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.
[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]
§ 21.14 Deviations from standard organization of the Code of Federal Regulations.
(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.
[54 FR 9682, Mar. 7, 1989]
Headings
§ 21.16 Required document headings.
(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.
[50 FR 12468, Mar. 28, 1985]
§ 21.18 Tables of contents.
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.
[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]
§ 21.19 Composition of part headings.
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.
Amendments
§ 21.20 General requirements.
(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.
References
§ 21.21 General requirements: References.
(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.
[37 FR 23611, Nov. 4, 1972, as amended at 50 FR 12468, Mar. 28, 1985]
§ 21.23 Parallel citations of Code and Federal Register.
For parallel reference, the Code of Federal Regulations and the
___ CFR ___ (___ FR ___). §___ of this chapter (___ FR ___).
§ 21.24 References to 1938 edition of Code.
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., ___.
Effective Date Statement
§ 21.30 General.
Each document subject to codification shall include a clear statement as to the date or dates upon which its contents become effective.
OMB Control Numbers
§ 21.35 OMB control numbers.
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.
[50 FR 12468, Mar. 28, 1985]
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