Amendment to a section Each amendment at the section level requires five elements. These elements must appear in the order listed. If a section is added or revised, use the format shown in example 47. EXAMPLE 47. Part heading Amendatory language Authority citation Amendatory language. Regulatory text PART 133-TOLLS FOR USE OF CANAL 1. The authority citation for Part 133 is revised to read as follows: Authority: Issued under authority of the President by 22 2. Section 133.34 is revised to read as follows: § 133.34 Tolls for vessels in ballast. In order for a vessel to secure the reduced rate of toll for vessels in ballast, it may not be carrying any passengers or cargo nor any fuel for its own consumption in a quantity which exceeds either (a) 125 percent of the volume of its engine room as measured and as shown on its Panama Canal tonnage certificate; or (b) The spaces on the vessel which are available for the carriage of fuel (i.e., the actual volume of tanks or fixed compartments, including settling tanks, used for the storage of lubricating oil or fuel, which spaces cannot be used to stow cargo or stores and which have been certified by official marking to be spaces for the vessel's own fuel). If a section is added to a part which contains subparts, identify the subpart which will contain the new section. Asterisks. If the entire section is not being revised, the agency may set out text for only the paragraphs being amended by using asterisks in place of unchanged material. The asterisks represent the codified material within the section that is not altered by the amendment. Use five asterisks in a row to indicate that one or more paragraphs are not being amended. If less than a paragraph is being revised, the agency may also use asterisks in place of unchanged material. Use three asterisks in a row to indicate that text within a paragraph is not being amended. If a paragraph designation without any text appears in the display of an amendment, that designation would be followed by a row of three asterisks. For example, to show a revision to the last sentence of paragraph (b)(2)(iii), place a row of five asterisks below the section heading to represent paragraph (a), place a row of three asterisks after "(b)," place a row of three asterisks after "(2)," and place a row of three asterisks and the revised text of the last sentence after "(iii)." Finally, place a row of five asterisks below the revised text of the last sentence if an unchanged paragraph follows (b)(2)(iii). Indicates paragraph (b) introductory text unchanged Indicates paragraphs (b)(1) introductory text and (b)(1)(i)– (iv) unchanged Revised paragraph (b)(1)(v) Added paragraph (b)(1)(vi) Indicates paragraph (b)(2) unchanged Revised first sentence of paragraph (b)(3) Indicates remainder of paragraph (b)(3) unchanged Indicates paragraphs (b)(4)-(7) unchanged Indicates paragraph (c) introductory text and (c)(1) unchanged Revised paragraph (c)(2) Indicates paragraph (c)(3) unchanged (b) (1) (v) Category 5: Other gear. Commercial fishing operations utilizing trolling, gill nets, hook and line gear, and any gear not classified under paragraph (b)(1)(i), (b)(1)(ii), (b)(1)(iii), (b)(1)(iv), or (b)(1)(vi) of this section. (vi) Category 6: Commercial passenger fishing vessel operation. Commercial fishing operations from a commercial passenger fishing vessel for the purpose of active sport fishing as defined in § 216.3. (3) The original and two copies of the application for general permit must be submitted to the Assistant Administrator. (c) (2) Operator's certificate of inclusion. The person in charge of and actually controlling fishing operations (after this referred to as the operator) on a vessel engaged in commercial fishing operations for which a Category 2 or Category 6 general permit is required under this subpart, must be the holder of a valid operator's certificate of inclusion. These certificates are not transferable and will be valid only on a vessel having a valid vessel certificate of inclusion for the same category. In order to receive a certification of inclusion, the operator must have satisfactorily completed required training. An operator's certificate of inclusion must be renewed annually. Table of contents OMB control number A table of contents is required in a document that— • Adds a new part or subpart; • Revises an existing part or subpart; or • Adds or revises two or more sections grouped under a centered heading. Table of contents entries must be identical with part, subpart, and section headings displayed in the regulatory text. Changes to a table of contents need not be presented in a document that adds or amends a single section or miscellaneous sections. These changes are made when the amendments are included in the CFR. However, if an agency chooses to show changes to the table of contents to a part resulting from amendments to individual sections set out later in the document, the agency must include the table of contents changes in the list of amendments and use appropriate amendatory language to describe the changes. The simplest procedure is to state that the table of contents is revised and then set out the complete table of contents. If the table of contents is too lengthy to make this procedure practical, the agency must use amendatory terms like "revised." "added." or "redesignated" and then set out the revised, added, or redesignated section headings. Five asterisks would be used to account for unchanged entries. Section headings that are removed are not set out; the use of the term "removed" in the amendatory language is sufficient to indicate the removal. To display an OMB control number in a regulation, the agency must either place the number parenthetically at the end of the appropriate section of the regulatory text (example 49), or display the number in the regulatory text of a section devoted to OMB control numbers (example 50). EXAMPLE 49. § 264.51 Purpose and implementation of contingency plan. (a) Each owner or operator must have a contingency plan for his facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. (b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. (Approved by the Office of Management and Budget under control number 2050-0011) EXAMPLE 50. §1033.2 Display of control numbers. The following rules enforced by the Consumer Product Safety Commission containing collection of information requirements are listed with the control numbers assigned by the Office of Management and Budget: Cross references The Administrative Procedure Act requires that an agency separately state AGENCY REFERENCING ITS OWN REGULATIONS An agency may make references to its own regulations, but in doing so it must not make modifications to the regulations referenced. If any modifications need to be made, the regulations must be published separately in full text. AGENCY REFERENCING ANOTHER AGENCY'S REGULATIONS An agency may cross reference the regulations of another agency only if the OFR finds that the reference meets any one of the following conditions specified in 1 CFR 21.21: • The reference is required by court order, statute, Executive order or reorganization plan; • 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; • The reference is informational or improves clarity rather than being regulatory; • 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; or • The reference is to the departmental level from a subagency. If an agency is thus qualified to cross reference another agency's regulations, it still cannot make modifications to the regulations referenced. If any modifications need to be made, the regulations must be published separately in full text rather than as a cross reference. When making references, the agency must identify the CFR unit being cited by the proper CFR unit designation in each reference. A non-specific reference, such as "herein," "above," or "below," requires interpretation by the reader and may result in ambiguity. Example 51 covers the most common reference situations and illustrates the proper style for each reference. |