Federal Register Document Drafting Handbook

October 1998 Revision; Supplement 4

Amendatory Language: Stays and Suspensions of CFR Text
March 9, 2006

The Office of the Federal Register is amending the Federal Register
Document Drafting Handbook to add more explanation of the terms "Stay"
and "Suspend" in "Section 2.13, Amendatory Language." This change does
not alter the use of the terms in amendatory language, but it
clarifies the legal status of stayed CFR text, restrictions on
altering stayed text, and the means of lifting a stay.

The new "Stay or Suspend" paragraphs of section 2.13 read as follows:

2.13 Amendatory language.

* * * * *

Stay or Suspend. The terms "Stay" and "Suspend" are synonymous, and
are used interchangeably in amendatory language (in this discussion,
we use the term "stay"). A stay places a hold on a CFR unit
temporarily or indefinitely. The content of the CFR unit is not
changed. During the stay, the CFR unit is not in legal effect and is
not enforceable. Stayed text is frozen in place and no amendatory
actions may be taken on it until the stay is lifted. Consult with us
when using the term "Stay." For a discussion of Stays versus Delays,
see the DATES caption in section 2.5.

Initiating a Stay. To impose a stay, the amendatory language (and the
DATES caption) must cite the CFR unit affected. The amendatory
instruction will state that the CFR unit is stayed until a specified
date, or stayed indefinitely.

Lifting a Stay. When lifting a stay, an agency must publish a rule
document that explicitly states that the stay is lifted as of a date
certain. The instruction to lift the stay appears in the amendatory
language (and in the DATES caption).

Changes to Stayed Text. An agency may not amend, revise, or remove
text while it is stayed. To make changes to stayed text, an agency
must lift the stay and then amend, revise, or remove the text as
desired. If necessary, an agency may immediately re-impose a stay on
the newly amended or revised text by stating the action in the
amendatory language (and in the DATES caption).

* * * * *