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(d) Documents referring to public lands. Agencies having masses of documents referring to public lands, should consult with representatives of the Board before attempting a codification of such documents, in order to determine how they shall be dealt with in the preparation of the codification.*t
CROSS REFERENCE: For regulations regarding documents relating to public lands, see §§ 1.17-1.21.
1.6 Citation of authority and source; explanatory material; decisions. At the end of each section there shall be noted the statutory authority for its issuance and the documentary source of its text. (a) Citation of authority. The authority (statute, order, proclamation, or otherwise) for the issuance of each document which is embodied in a section of the code shall be cited in parentheses at the end of each section or paragraph. This citation shall include the specific authorization, if any, for the issuance of regulations and, whenever possible, the statutory provisions interpreted or applied by the section. Citations, as nearly as possible, shall be in the following form:
(1) Statutes. Where statutes are cited, the United States Code citations shall be given as well as the Statutes-at-Large citations, e. g., (Sec. 6, 49 Stat. 501; 44 U.S.C. 306). Only the section number and page or pages of the Statutes-at-Large on which the authority for the regulation appears should be given and not the first page of the statute or the chapter; and in citing the United States Code, the 1934 edition should be used and only the title number and the section number (and subsection number or letter, if any) should be given, separated by "U.S.C."
(2) United States Code Supplements. A more specific citation to the Supplements or to the Code and the Supplements may be made in the form indicated by the following illustrations: (i) Where reference is to be made to a specific Supplement: 7 U.S.C., Sup. II, 502. (ii) Where reference is to be made to the United States Code, 1934 ed., and to a specific Supplement: 7 U.S.C. 502 and Sup. II.
In any case where an agency wishes to make citations both to the specific authority under which the section is issued and to the statutory provisions interpreted or applied by the section, the following form of citation may be used: (Secs. 1, 10, 50 Stat. 307, 314; 45 U.S.C., Sup., 228a, 228j). Here Sec. 10, 50 Stat. 314; 45 U.S.C., Sup., 228j is the specific authority for the issuance of the regulations contained in the section, and Sec. 1, 50 Stat. 307; 45 U.S.C., Sup., 228a is the statutory provision interpreted or applied. In the same situation, should the agency desire to use the short method of citation for the authority for issuance prescribed by paragraph (b) of this section it may do so by using an appropriate footnote explaining that the asterisk (*) refers to the authority for issuance. The citation would then be as follows:* (Sec. 1, 50 Stat. 307; 45 U.S.C., Sup., 228a). The asterisk here refers to Sec. 10, 50 Stat. 314; 45 U.S.C., Sup., 228j.
(b) Short method of citation of authority. This method of citation is applicable when all, or a majority of, a large number of sections in sequence have the same citation. (1) Place an asterisk
at the end of each section to which the citation is pertinent. (2)
**For statutory and source citations, see note to § 1.0.
Include an appropriate footnote, preceded by an asterisk, on the sheet carrying the title of the page, part, or other subdivision in which the sections, or majority of the sections, in sequence having the same citations appear. This footnote shall include a statement of: (i) the statutory authority; and (ii) the first and last numbers of the sections in sequence. Such footnotes for example, where all the sections in sequence have the same citation, may be in the following form:
*88 to, inclusive, issued under the authority contained in sec. 23, 42 Stat. 708; 40 U.S.C. 218.
Or in a case where some sections in the sequence have a different citation such sections shall be designated and the footnote may be in the following form:
*§§ to, inclusive, (with the exceptions noted in the text,) issued under the authority contained in sec. 23, 42 Stat. 708; 40 U.S.C. 218.
(c) Short method of citation of statutes interpreted. Where the arrangement of materials or the keying of section numbers automatically indicates the statutory provisions interpreted, a short method of citing the statute interpreted may be employed.
The following methods may be used in cases where the agency determines that short citations are desirable: (1) In cases where the text of a statute is included in the codification and the regulatory provisions are distributed so as to indicate their relations to each statutory provision, no further citation of the statute interpreted will be necessary. Such procedure, however, should be explained in a footnote placed on the sheet carrying the headnote of the subdivision in which this procedure is followed. The footnote should designate the numbers of the sections to which it applies and may be in the following form:
- to —, inclusive, follow the statutory provisions to which they respectively
(2) In cases where the numbers of the code sections are keyed to the numbers of the sections in the statutes interpreted, a footnote to this effect should be placed on the sheet carrying the headnote of the subdivision in which this procedure is followed. This footnote may be in the following form:
- to, inclusive, the numbers to the right of the decimal point are keyed to numbers of secs. to, 49 Stat. 1652; 26 U.S.C.- to -. Wherever it is appropriate and convenient, the above footnotes may be combined with the footnotes suggested for short citation of authority or source.
(d) Citation of source. At the end of each section or paragraph, (1) the official designation or type of the original document (Executive order, Administrative order, Memorandum, Bulletin, etc.), of which the text of the section or paragraph originally formed a part and from which it is taken, together with (2) the date of its adoption and (3) the title of the officer, board or commission issuing the same, unless the issuing agency is the same as the agency named in the title of the codification, and (4) similar information with respect to all amendments thereto, shall be cited in brackets immediately
following the citations of authority on which the documents are based, in the following form:
Executive orders (President). [E.O. 7298, Feb. 18, 1936]
Regulations (Veterans' Administration and Bureau of Internal Revenue). [Reg. R-1001 (K) Vet. Adm., Oct. 14, 1937] [Reg. 100, Art. 603, Bu. Int. Rev., Oct. 12, 1936]
Bulletins (Agriculture Adjustment Administration). [SR. Bull. 1, AAA, Mar. 20, 1936]
Orders (Federal Communications Commission). [Order 17-A, FCC, Sept. 29, 1937]
Rules (Securities and Exchange Commission). [Rule 3D8, SEC, Oct. 4, 1937]
Circulars (Treasury). [Circ. 570, Sec. Treas., Oct. 11, 1937]
(e) Short method of citation of source. This method of citation is applicable where a large number of sections in sequence have the same citation of source. Where section numbers are keyed to section numbers in original source document: (1) Place a dagger (†) at the end of each section or paragraph to which the citation is pertinent, (2) Include an appropriate footnote, preceded by the dagger (†), on the sheet carrying the headnote of the subdivision to which the footnote is applicable. This footnote should indicate (i) the method by which sections in the codification are keyed to the original source, and (ii) the sections covered by the footnote. Thus, for example, such footnote may be in the following form: †In 88 to inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Bulletin 10, Sept. 7, 1936. (f) Where section numbers are not keyed to section numbers in original source document. (1) Place the original section, article, or rule number in brackets, preceded by a dagger, at the end of each section or paragraph, e. g., t [Art. 171], to which the citation is pertinent. (2) Include an appropriate footnote, preceded by the dagger (†), on the sheet carrying the headnote of the subdivision to which the footnote is applicable. This footnote should indicate (i) the common original source, and (ii) the sections covered by the footnote. Thus, for example, such footnote may be in the following form:
inclusive, is Bulletin 10, Sept. 7, 1936.
†The source of §§ These short methods of citation may be employed in cases where the great proportion of a large number of sections in sequence have the same citation. When employing these methods, care should be taken, however, to give a specific citation in the form prescribed in the regulations in this part for any sections in the sequence to which the short citation is inapplicable. In those cases where the short citation is inapplicable for certain sections in sequence, a footnote such as the following may be used:
The source of §§ - to
—, inclusive, (with the exceptions noted in the text,) is Bulletin 10, Sept. 7, 1936.
(g) Explanatory material or references. Any other material which the agency deems necessary by way of explanation or reference may be submitted in the form of footnotes.
(h) Decisions and interpretations. Decisions of executive or administrative agencies which construe or apply documents, but which do not amend the text of the documents, and judicial opinions which refer to documents should not be cited except in unusual circumstances and then only in explanatory footnotes.*†
1.7 Physical format; copies; paper; contents; typing; forms. The partial and final codifications submitted shall conform to the following specifications:
(a) Number of copies. Three copies shall be submitted.
(b) Size of paper. Only letter size paper (approximately 82 x 10 or 11 inches) shall be used, and the material shall be placed thereon parallel with the long side of the sheet so that the individual sheets may be conveniently handled and filed, and a maximum of margins left for notes, corrections, and insertions.
(c) Contents and numbering of pages. Not more than one section shall be placed on a page, and the pages shall be numbered consecutively in Arabic numbers.
(d) Typing. All matter shall be legibly typewritten, mimeographed, or printed, except that material already in such form may be cut and pasted on pages of the prescribed size in order to save time and eliminate typing and the errors often incident thereto, and in such cases corrections may be made in ink or by typewriter in the margins or by interlineation and striking out.
(e) Forms, illustrations and diagrams. Ordinarily, forms should not be incorporated in the codifications. Illustrations should not be incorporated in the codifications as a part of a document unless their publication is essential in the public interest. In cases where an illustration was incorporated as a part of a document, which has been issued and amended and the publication of the illustration is essential, a new illustration including the necessary changes to conform to the amendments shall be prepared and forwarded with the codified document. Illustrations accompanying codifications, when published, shall be reduced to page size and be line-cuts only. Copy for illustrations should be in the form of tracings on linen and shall be securely attached to the part of the code which incorporates such illustration.**
1.8 System of headings and numbers. Titles will be the major divisions of the Code of Federal Regulations. Subtitles and chapters will be the major divisions of titles. Parts will be the divisions of subtitles and chapters. Sections will be the normal units within parts. Paragraphs, subparagraphs, etc., will be lesser units within sections.
*For statutory and source citations, see note to § 1.0.
(a) Assignment of titles. There will be a subject matter arrangement into titles of the materials submitted by the agencies.
(b) Assignment of chapters. Each independent agency or major subdivision of a department will be assigned a chapter in the title indicated by the materials codified by the agency or subdivision.
(1) In special cases a chapter may be assigned to a subdivision of an independent agency or a subordinate subdivision of a department, in instances where a specific regulatory function is vested in the subdivision and the logical classification of the subject matter so requires.
(2) In cases where a title contains more than one chapter subject to the exceptions in (b) (3) and (b) (4), of this section, the first chapter shall include Parts 1-199, and each succeeding chapter respectively a block of 100 part numbers, viz.-Chapter I shall include Parts 1-199; Chapter II, Parts 200-299, etc.
(3) In the titles assigned to the several departments, the title may be divided into subtitles, of which Parts 1-19 shall be allocated to a Subtitle A to provide for documents issued by the departmental head and not included in the submission of the subdivision of the department. Subtitle B shall be subdivided into chapters, of which Chapter I shall comprise Parts 20-199; Chapter II, Parts 200-299, etc., subject to the exceptions in (4).
(4) In case the parts assigned to a chapter under the rule in (2) are insufficient, one or more additional blocks of 100 part numbers in sections, as are required, may be included in the chapter.
(5) The use of subtitles or subparts is to be avoided, unless deemed necessary by the agency and the board member concerned or unless the materials included are sufficiently extensive to justify the grouping of parts in subchapters.*+
1.9 Numbering system. The following general rules are to be followed (with such exceptions as may be appropriate) in the numbering of titles, chapters, etc.
(a) Numbering of titles, chapters, etc. Titles are to be numbered consecutively in Arabic as prescribed by the Board, subtitles consecutively in capitals, chapters consecutively throughout the title in Roman, and subchapters consecutively throughout the chapter in capitals.
(b) Numbering of parts. Parts are to be numbered serially in Arabic, leaving sufficient unassigned numbers to provide for expansion. Normally, subparts and similar subdivision of parts are not to be numbered or lettered, except as indicated in (d) (2) of this section. In exceptional cases, with the Board's approval, subparts may be numbered, as may be appropriate, either in Roman capital letters or by a decimal method such as described in (d) (2) of this section.
(c) Numbering of sections. The numbers assigned to individual sections shall include (1) the number of the part in which the section is placed, followed by a decimal point, and (2) a serial number following the decimal point, assigned to the section within the part. Such serial number may consist of one or more digits in Arabic as may be required.
**For statutory and source citations, see note to § 1.0.