1 C.F.R. Subpart B—Citations of Authority
Title 1 - General Provisions
Title 1: General Provisions
PART 21—PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION
Subpart B—Citations of Authority
§ 21.40 General requirements: Authority citations.
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.
[50 FR 12468, Mar. 28, 1985]
§ 21.41 Agency responsibility.
(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.
§ 21.42 Exceptions.
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.
[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]
Placement
§ 21.43 Placing and amending authority 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.
[50 FR 12469, Mar. 28, 1985, as amended at 54 FR 9682, Mar. 7, 1989]
§ 21.45 Nonstatutory authority.
Citation to a nonstatutory document as authority shall be placed after the statutory citations. For example:
Authority: Sec. 9, Pub. L. 89–670, 80 Stat. 944 (49 U.S.C. 1657). E.O. 11222, 30 FR 6469, 3 CFR, 1965 Comp., p. 10.
[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9682, Mar. 7, 1989]
Form
§ 21.51 General.
(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.
§ 21.52 Statutory material.
(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:
Authority: Sec. 5, Pub. L. 89–670, 80 Stat. 935 (49 U.S.C. 1654); sec. 313, Pub. L. 85–726, 72 Stat. 752 (49 U.S.C. 1354).
[54 FR 9682, Mar. 7, 1989]
§ 21.53 Nonstatutory materials.
Nonstatutory documents shall be cited by document designation and by
Authority: Special Civil Air Reg. SR–422A, 28 FR 6703, 14 CFR part 4b. E.O. 11130, 28 FR 12789; 3 CFR 1959–1963 Comp.
[37 FR 23611, Nov. 4, 1972, as amended at 54 FR 9683, Mar. 7, 1989]
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