decimal numbering system. Consequently, the first section of a part would not be expressed as § 25.01. Also, § 25.2 would precede § 25.15. Hyphenated numbers (§ 117-2.1 or § 117-1.2) or numbers with alpha characters (Part 115a, § 115a.1, or § 115.1a) are not permitted in designating units within the CFR system. Any deviation from standard CFR designation must be approved, in advance, by the OFR. If internal division of a section is necessary, the section may be divided into paragraphs. Each paragraph within a section must be designated for reference and future amendment. The paragraph structure within a section allows six levels of designation. The level of designation is the number of paragraph symbols necessary to identify a subdivision within a section. Example 29 illustrates how to reference individual paragraphs within a section. On the typewritten document, italics may be indicated by underlining. The agency should avoid overly detailed subdivision within a section. Divisions below the third level of designation may indicate a problem in organization caused by a structure which is too complex. The agency should divide a complex section into smaller, more compact sections. Definitions. In sections containing only definitions, paragraph designations are not required if the definitions appear in alphabetical order. Citing text within a section § 233.17 Noncompliance and program reporting by the Director. The Director shall prepare quarterly and annual reports as detailed below and shall submit them to the Regional Administrator. (a) Quarterly-reports for State 404 programs. The Director shall submit noncompliance reports for section 404 discharges specified under § 233.24(f)(1)(i) (A) through (E) containing the following information: (1) Name, location, and permit number of each noncomplying permittee; (2) A brief description and date of each instance of noncompliance, which should include the following: (i) Any unauthorized discharges of dredged or fill material subject to the State's jurisdiction or any noncompliance with permit conditions; and (ii) A description of investigations conducted and of any enforcement actions taken or contemplated. (b) Annual report for State 404 programs. The State Director shall submit to the Regional Administrator an annual report assessing the cumulative impacts of the State's permit program on the integrity of State regulated waters. This report shall include: (1) The number and nature of individual permits issued by the State during the year. This should include the locations and types of water bodies where permitted activities are sited (for example, wetlands, rivers, lakes, and other categories which the Director and Regional Administrator may establish); (2) The number of acres of each of the categories of waters in paragraph (b)(1) of this section which were filled or which received any discharge of dredge material during the year (either by authorized or unauthorized activities); (3) The number and nature of permit applications denied; and permits modified, revoked and reissued, or terminated during the year; (4) The number and nature of permits issued under emergency conditions, as provided in § 233.38; (5) The approximate number of persons in the State discharging dredged or fill material under general permits and an estimate of the cumulative impacts of these activities. Headings in regulatory text Provide a heading for each designated CFR unit larger than a paragraph. A (a) Who may apply; how. Any United States citizen may apply to the Administrator for issuance or transfer of an exploration license. Applications must be submitted in the form and manner prescribed in this subpart. (b) Place, form and copies. Applications for the issuance or transfer of exploration licenses must be submitted in writing, verified and signed by an authorized officer or other authorized representative of the applicant, in 30 copies, to the following address: Office of Ocean Minerals and Energy, National Oceanic and Atmospheric Administration, Suite 410, Page 1 Building, 2001 Wisconsin Avenue, NW., Washington, DC 20235. The Administrator may waive, in whole or in part, at his discretion, the requirement that 30 copies of an application be filed with NOAA. (e) Priority of right. (1) Priority of right for issuance of licenses to pre-enactment explorers will be established pursuant to Subpart C of this part. (2) Priority of right for issuance of licenses to new entrants will be established on the basis of the chronological order in which license applications, which are in substantial compliance with the requirements established under this subpart, pursuant to § 970.209, are filed with the Administrator. (3) Applications must be received by the Office of Ocean Minerals and Energy on behalf of the Administrator before a priority can be established. Part. Each part heading should contain subject terms that identify the agency's regulations in a manner consistent with the terms used by other agencies to identify similar material. The OFR has developed a thesaurus of subject terms used by the OFR to index the Federal Register, the CFR, and related publications. The agency should use the thesaurus for subject terms that identify the regulation and use the appropriate subject terms in the regulation's part heading. Subpart. Subpart headings may be used to separate ideas within a part. Section. Descriptive section headings function as signposts for the reader. They help readers identify the particular regulatory provisions that apply to them. Part, subpart, and section headings are used to create a table of contents for each part which provides the reader with an outline of the regulation. ལ་་་་་་་ང་ད ་་་་་ས་་་་་འ Amendatory language: Paragraph. Headings may be used at the paragraph level to help the reader find significant material within a section. The agency should indicate paragraph headings by underlining them in the submitted document. In the Federal Register, the underlined headings are printed in italics. Paragraph headings are not listed in the table of contents; they appear only in the text of the regulation. If headings are used, they should be used consistently within each level of paragraph designation. (See page 23 for paragraph designations.) A rulemaking document makes changes or additions to the Code of Federal Regulations. The regulatory text of a rulemaking document must fit into the current text of the CFR. The agency must precisely identify and describe the changes being made to the CFR. This information is presented in the words of issuance and amendatory language of the rulemaking document. The words of issuance describe the general effect of the document, and the amendatory language gives specific instructions on how to change CFR text. The amendatory language must not contain a discussion of why or how the changes are made. Any discussion belongs in the SUPPLEMENTARY INFORMATION. Note that the current text is not necessarily what appears in the latest edition of the CFR. Changes to the text may have been published in the Federal Register since the revision date of the CFR title. Use the "List of CFR Sections Affected" (LSA), a cumulative monthly numerical index to rules and proposed rules published in the Federal Register, to determine if any changes have been made. Use the cumulative list of CFR Parts Affected, which appears daily in the Reader Aids section of the Federal Register, to check for changes in any month not covered by the LSA. Examples 31, 32 and 33 illustrate the procedure for verifying the current text of the CFR. Assume that the agency (Social Security Administration) wishes to find the current text for 20 CFR 404.936. Example 31 shows the text of § 404.936 as it appears in the CFR revised as of April 1, 1985. In example 32, the November 1985 LSA indicates that paragraph (b) of § 404.936 was revised and paragraphs (c) and (d) were added at page 21438 of the Federal Register. The Table of Federal Register Issue Pages and Dates in the back of the LSA identifies May 24, 1985, as the issue containing that page. In example 33, the cumulative list of CFR Parts Affected from the Federal Register of December 16, 1985 (the latest issue available) indicates that there are two rule documents affecting Part 404 at pages 50068 and 50118. The Federal Register pages and dates table immediately preceding the cumulative list of CFR Parts Affected identifies December 6, 1985, as the issue containing those pages. Look at the documents starting on those pages to see if they affect § 404.936 specifically. As it happens, neither of these two documents affect § 404.936. Consequently, the current text, as of December 16, 1985, for § 404.936 consists of paragraph (a) as it appears in the CFR, plus the revised paragraph (b) and the new paragraphs (c) and (d) as they appear in the Federal Register of May 24, 1985. American Samoa, Guam, the Northern Mariana Islands, the Commonwealth of Puerto Rico and the Virgin Islands. (b) If you object to the time or place of the hearing, you must notify the administrative law judge in writing at the earliest possible opportunity before the time set for the hearing. You must state the reasons for your objection and the time or place you want the hearing to be held. The administrative law judge may change the time or place for the hearing if you show good cause for the change. THE TINIVERSITY OF MICHIGAN LIBRARIES ii Federal Register / Vol. 50, No. 241 / Monday, December 16, 1985 / Reader Aids |