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Amendatory language: The amendatory language identifies each specific change made in CFR text. Terms

Amendatory language serves as the agency's instructions to

• Inform the reader of the specific changes made to agency regulations; and

• Guide the OFR editor in updating the CFR.

Amendatory language must be exact. It must describe each change as it affects the current text of the CFR. Check the latest revision of the CFR volume being amended, the latest edition of the LSA, and the cumulative list of CFR Parts Affected in the current month's Federal Register to establish the current text of the regulation. (See examples 31 through 33 on page 27.) The amendatory language for each change must—

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The following terms must be used in amendatory language. Each term is a precise instruction that alters a CFR unit in a prescribed manner. The OFR has selected these terms to standardize amendatory language.

Amended. Amended means that an existing CFR unit is changed. Because it is an introductory term, it cannot stand alone. It must be used with other amendatory terms.

EXAMPLE 34: AMENDED.

Part 200 is amended by adding §§ 200.4 and 200.6 to read as follows:

Part 215 is amended by removing §215.7.

Section 791.27 is amended by revising paragraph (b)(3) and by adding paragraph (d)(4) to read as follows:

Added. Added means that a unit of new material, such as a paragraph, section, part, or chapter, is inserted in the CFR.

EXAMPLE 35: ADDED.

Part 1812 is added to read as follows:

In § 18.13. paragraph (e) is added to read as follows:

A new paragraph (f)(5) is added to § 210.14 to read as follows:

Section 4.8(a)(3)(iii) is added to read as follows:

Section 20.89 is added to Subpart H to read as follows:

Removed. Removed means that an existing CFR unit is being taken out of the CFR.

EXAMPLE 36: REMOVED.

Section 300.12 is removed.

In § 495.73, paragraphs (a)(5) and (e) are removed.

Revised. Revised means that an existing CFR unit is presented in its entirety. Any discussion of how the unit differs from the previous version belongs in the SUPPLEMENTARY INFORMATION.

EXAMPLE 37: REVISED.

Part 105 is revised to read as follows:

Section 80.100(e)(1)(iii) is revised to read as follows:

In § 15.4, the introductory text of paragraph (b) and paragraph (f)(2) are revised to read as follows:

Republished. Republished means that an unchanged CFR unit is set out for the convenience of the reader, often to provide the context for an amendment. This is used most commonly with introductory text. All regulatory text which is published or republished in a rule document in the Federal Register is used to update the Code of Federal Regulations. Therefore, the agency must present the republished text accurately.

EXAMPLE 38: REPUBLISHED.

In $2.1, paragraph (a) introductory text is republished and paragraphs (a)(1) and (3) are revised to read as follows:

THE TINIVERSITY OF MICHIGAN LIBRARIES

Reserved. Reserved is a term used to maintain the continuity of codification in the CFR.

For example, removing a subpart or a paragraph may leave a gap which could confuse the reader. To avoid confusion, the amendatory language should say that the subpart or paragraph is removed and reserved. (See example 39.)

Reserved can also be used when adding or revising a CFR unit to indicate where future text will be added. (See example 40.)

See the table of contents on page 33 for proper display.

EXAMPLE 39: RESERVED (WHEN REMOVING CFR UNIT).

Subpart Q [Removed and Reserved]

1. Subpart Q is removed and reserved.

EXAMPLE 40: RESERVED (WHEN ADDING OR REVISING A CFR UNIT).

1. Subpart E is added and reserved and Subpart F is added to read as follows:

Corrected. Corrected means that a clerical or typographical error in a recently published document is corrected. Corrections to the regulatory text should identify the CFR unit being corrected. (See page 68 for examples of correction documents.)

EXAMPLE 41: CORRECTED.

On page 00000 in the issue of March 15, 1986, in the second column, the reference in § 39.10(a)(1) to "§ 44.10" is corrected to read "§ 44.20".

On page 00000 in the issue of May 3, 1986, in the third column, in § 20.15(c) introductory text, "Director" is corrected to read "Acting Director".

Redesignated. Redesignated means that a CFR unit is transferred to another position and assigned a new designation. A redesignation must be made before adding a new unit of text to an area vacated by the redesig

nation. If the newly redesignated CFR unit is also revised, this must be stated in the amendatory language.

EXAMPLE 42: REDESIGNATED.

In 44 CFR Chapter II, Part 20 is redesignated as Part 30.

In § 100.5, paragraphs (a) through (c) are redesignated as paragraphs (d) through (f) and new paragraphs (a) through (c) are added to read as follows:

Part 20 is redesignated as Part 30 and revised to read as follows:

In Part 226, §§ 226.3 through 226.5 are removed and §§ 226.6 through 226.8 are redesignated as §§ 226.3 through 226.5 respectively.

Display of amendatory language with regulatory text

Stayed or Suspended. Stayed or suspended means that a regulation is deferred temporarily or indefinitely. The amendatory language must cite the CFR unit affected. The content of the CFR is not changed. A stay or suspension means that the regulation is not currently in force.

Withdrawn. Withdrawn is a term which is used differently in proposed rule and rule documents.

• In a proposed rule document, withdrawn is used to indicate that a previously published proposed rule will not be issued as a final regulation.

• In a final rule document, withdrawn is used to indicate that a final rule with a pending effective date will not go into effect.

All changes to CFR units must be completely described in the amendatory language.

Usually the amendatory language describing all changes to one section is presented in a single instruction, and the changed text for the section is presented immediately following the instruction. (See instruction number 2 in example 43.)

When there are changes to several sections, the amendatory language is usually presented in separate numbered instructions for each section, and the changed text for the section follows each instruction. (See instructions 2 through 4 in example 43.)

EXAMPLE 43.

PART 1258-FEES

1. The authority citation for Part 1258 is revised to read as follows:
Authority: 44 U.S.C. 2116(c).

2. Section 1258.2 is amended by revising paragraphs (a) and (c)(3) to read as follows: § 1258.2 Applicability.

(a) Except as otherwise provided in this section, fees for the reproduction of NARA administrative records, archival records, donated historical materials, and records filed with the Office of the Federal Register are as set forth in § 1258.12.

(c) *

(3) Motion picture and sound and video recording materials among the holdings of the National Archives. Prices for reproduction of these materials are available from the Motion Picture and Sound and Video Branch, National Archives (NNSM), Washington, DC 20408.

3. Section 1258.4 is amended by revising paragraph (b) to read as follows: § 1258.4 Exclusions.

(b) When NARA wishes to disseminate information about its activities to the general public through press, radio, television, and newsreel representatives;

4. Section 1258.10 is amended by revising paragraph (a) to read as follows:

§ 1258.10 Mail orders.

(a) There is a minimum fee of $5.00 per order for reproductions which are sent by mail to the customer.

However, there may be occasions when the amendatory instruction can include amendatory language for more than one part or more than one section within a part as shown in example 44.

EXAMPLE 44.

Parts 150 and 153 are revised to read as follows: [Text of Parts 150 and 153]

Sections 33.1, 33.5 and 33.10 are added to read as follows: [Text of §§ 33.1, 33.5 and 33.10]

THE

TINIVERSITY

OF MICHICAN TIRRARIES

Nomenclature change

Amendments should be presented in CFR codification order. Combinations. as shown in example 44 would be inappropriate if there were amendments to Part 152 in the first case, or to any of the intervening sections in the second case.

Nomenclature change indicates that a term or phrase is changed throughout a CFR unit. It is commonly used to change an office designation or the title of an agency official. The OFR may require a marked-up copy of the appropriate CFR volume if there are numerous nomenclature changes. This is to ensure that the changes are correctly made every place the term appears.

EXAMPLE 45.

§ 720.7 [Amended]

In 12 CFR 720.7(c)(2) remove the words "Deputy Administrator" and add, in their place, the words "Vice-Chairman of the National Credit Union Administration Board".

§§ 720.7, 720.20, 720.22, 720.24, 720.26, and 720.27 [Amended]

In addition to the amendments set forth above, in 12 CFR Part 720 remove the words "Assistant Administrator for Administration" and add, in their place, the words "Director of the Office of Administration" in the following places:

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Addition or revision of a part or subpart

If the amendments to a section or unit of the CFR are extensive, it is better to set the text out in full rather than have many fragmentary amendments. The reader then has the complete text of the CFR unit.

The addition or revision of a part requires the elements listed below. The elements must appear in the order listed.

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In example 46, only a portion of Part 266 is shown. The complete text must be included in any agency document adding or revising a part.

The addition or revision of a subpart follows the format requirements for the addition or revision of a part except for the display of the authority citation as discussed on page 21.

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