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Code of Federal Regulations

January 01, 1970

The CFR is not to be confused with the USC, the United States Code, which represents statutory law, not regulatory law.

In the law of the United States, the Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent broad areas subject to federal regulation.

Code of Federal Regulations
The Code of Federal Regulations
DisciplineAdministrative law
LanguageEnglish
Publication details
Publisher
FrequencyAnnually
LicensePublic domain
Standard abbreviations
ISO 4 (alt) · Bluebook (alt1 · alt2)
NLM (alt) · MathSciNet (alt )
BluebookC.F.R.
ISO 4Code Fed. Regul.
Indexing
CODEN (alt · alt2) · JSTOR (alt) · LCCN (alt)
MIAR · NLM (alt) · Scopus
ISSN1946-4975
Links
  • Journal homepage
  • Online access
A few volumes of the CFR at a law library (titles 12–26)

The CFR annual edition is published as a special issue of the Federal Register by the Office of the Federal Register (part of the National Archives and Records Administration) and the Government Publishing Office.[1] In addition to this annual edition, the CFR is published online on the Electronic CFR (eCFR) website, which is updated daily.

Background edit

Congress frequently delegates authority to an executive branch agency to issue regulations to govern some sphere. These statutes are called "authorizing statute" or "enabling statute" (or "authorizing legislation"). Authorizing statutes typically have two parts: a substantive scope (typically using language such as "The Secretary shall promulgate regulations to [accomplish some purpose or within some scope]" and (b) procedural requirements (typically to invoke rulemaking requirements of the Administrative Procedure Act (APA), Paperwork Reduction Act (PRA, codified at 44 U.S.C. §§ 3501–3521), Regulatory Flexibility Act (RFA, codified at 5 U.S.C. §§ 601–612), and several executive orders (primarily Executive Order 12866)).[2] Generally, each of these laws requires a process that includes (a) publication of the proposed rules in a notice of proposed rulemaking (NPRM), (b) certain cost-benefit analyses, and (c) request for public comment and participation in the decision-making, and (d) adoption and publication of the final rule, via the Federal Register.[2][3] Rulemaking culminates in the inclusion of a regulation in the Code of Federal Regulations. Such regulations are often referred to as "implementing regulations" vis-a-vis the authorizing statute.

Publication procedure edit

The rules and regulations are first promulgated or published in the Federal Register. The CFR is structured into 50 subject matter titles. Agencies are assigned chapters within these titles. The titles are broken down into chapters, parts, sections and paragraphs.[4] For example, 42 C.F.R. § 260.11(a)(1) would indicate "title 42, part 260, section 11, paragraph (a)(1)." Conversationally, it would be read as "forty-two C F R two-sixty point eleven a one" or similar.

While new regulations are continually becoming effective, the printed volumes of the CFR are issued once each calendar year, on this schedule:

  • Titles 1–16 are updated as of January 1
  • Titles 17–27 are updated as of April 1
  • Titles 28–41 are updated as of July 1
  • Titles 42–50 are updated as of October 1

The Office of the Federal Register also keeps an unofficial, online version of the CFR, the e-CFR, which is normally updated within two days after changes that have been published in the Federal Register become effective.[5] The Parallel Table of Authorities and Rules lists rulemaking authority for regulations codified in the CFR.[6]

List of CFR titles edit

 
Code of Federal Regulations, seen at the Mid-Manhattan Library. Editions of Title 3, on the President, are kept on archive. Notice that for the first year of each new presidency, the volume is thicker.

The CFR is divided into 50 titles that represent broad subject areas:[2]

History edit

The Federal Register Act originally provided for a complete compilation of all existing regulations promulgated prior to the first publication of the Federal Register, but was amended in 1937 to provide a codification of all regulations every five years.[7] The first edition of the CFR was published in 1938.[7] Beginning in 1963 for some titles and for all titles in 1967, the Office of the Federal Register began publishing yearly revisions, and beginning in 1972 published revisions in staggered quarters.[7]

On March 11, 2014, Rep. Darrell Issa introduced the Federal Register Modernization Act (H.R. 4195; 113th Congress), a bill that would revise requirements for the filing of documents with the Office of the Federal Register for inclusion in the Federal Register and for the publication of the Code of Federal Regulations to reflect the changed publication requirement in which they would be available online but would not be required to be printed.[8] The American Association of Law Libraries (AALL) strongly opposed the bill, arguing that the bill undermines citizens' right to be informed by making it more difficult for citizens to find their government's regulations.[9] According to AALL, a survey they conducted "revealed that members of the public, librarians, researchers, students, attorneys, and small business owners continue to rely on the print" version of the Federal Register.[9] AALL also argued that the lack of print versions of the Federal Register and CFR would mean the 15 percent of Americans who do not use the internet would lose their access to that material.[9] The House voted on July 14, 2014 to pass the bill 386–0.[10][11] However, the bill failed to come to a vote in the Senate, and died upon the start of the 114th Congress.

See also edit

Notes edit

  1. ^ "Browse Code of Federal Regulations (Annual Edition)". FDsys. US Government Publishing Office Federal Digital System. Retrieved 2014-05-23.
  2. ^ a b c "Federal Administrative Law". Duke University School of Law. Retrieved March 10, 2014.. A summary of the statutes, regulations, and executive orders that govern rulemaking may be found at David E. Boundy, The PTAB is Not an Article III Court, Part 1: A Primer on Federal Agency Rulemaking, American Bar Ass’n, Landslide, vol. 10 no. 2 pp. 9–13 (Nov-Dec 2017) here or here
  3. ^ 5 U.S.C. § 553
  4. ^ "eCFR – Code of Federal Regulations". FDsys – US Government Publishing Office Federal Digital System. 2014-05-21. Retrieved 2014-05-23.
  5. ^ "Electronic Code of Federal Regulations". Office of the Federal Register. Retrieved March 10, 2014.
  6. ^ "About Code of Federal Regulations". Government Publishing Office. Retrieved March 10, 2014.
  7. ^ a b c "A Research Guide to the Federal Register and the Code of Federal Regulations". Law Librarians' Society of Washington, D.C. Retrieved March 10, 2014.
  8. ^ "H.R. 4195 – Summary". United States Congress. Retrieved 14 July 2014.
  9. ^ a b c (PDF). American Association of Law Libraries. Archived from the original (PDF) on 15 July 2014. Retrieved 14 July 2014.
  10. ^ Medici, Andy (15 July 2014). "House passes bills to change TSP default fund, extend whistleblower protections". Federal Times. Archived from the original on 26 July 2014. Retrieved 21 July 2014.
  11. ^ "H.R. 4195 – All Actions". United States Congress. Retrieved 14 July 2014.

References edit

  • "About Code of Federal Regulations". Government Publishing Office. 9 March 2017.
  • "A Research Guide to the Federal Register and the Code of Federal Regulations". Law Librarians' Society of Washington, D.C. July 21, 2012.
  • "Report to Congress on the Costs and Benefits of Federal Regulations". Office of Management and Budget. September 30, 1997.

Further reading edit

External links edit

  • Electronic Code of Federal Regulations (eCFR) from the GPO
  • Code of Federal Regulations (annual edition) on GovInfo from the GPO
  • Code of Federal Regulations in the GPO's U.S. Government Bookstore
  • Code of Federal Regulations (cross-referenced to U.S. Code) from Cornell LII
  • Code of Federal Regulations (cross-referenced to U.S. Code) from GovRegs
  • Sources and Tools to the Code of Federal Regulations free and commercial from LLSDC.org

January 01, 1970
code, federal, regulations, confused, with, united, states, code, which, represents, statutory, regulatory, united, states, codification, general, permanent, regulations, promulgated, executive, departments, agencies, federal, government, united, states, divid. The CFR is not to be confused with the USC the United States Code which represents statutory law not regulatory law In the law of the United States the Code of Federal Regulations CFR is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States The CFR is divided into 50 titles that represent broad areas subject to federal regulation Code of Federal RegulationsThe Code of Federal RegulationsDisciplineAdministrative lawLanguageEnglishPublication detailsPublisherOffice of the Federal Register United States FrequencyAnnuallyLicensePublic domainStandard abbreviationsISO 4 alt Bluebook alt1 alt2 NLM alt MathSciNet alt BluebookC F R ISO 4Code Fed Regul IndexingCODEN alt alt2 JSTOR alt LCCN alt MIAR NLM alt ScopusISSN1946 4975LinksJournal homepage Online access A few volumes of the CFR at a law library titles 12 26 The CFR annual edition is published as a special issue of the Federal Register by the Office of the Federal Register part of the National Archives and Records Administration and the Government Publishing Office 1 In addition to this annual edition the CFR is published online on the Electronic CFR eCFR website which is updated daily Contents 1 Background 2 Publication procedure 3 List of CFR titles 4 History 5 See also 6 Notes 7 References 8 Further reading 9 External linksBackground editCongress frequently delegates authority to an executive branch agency to issue regulations to govern some sphere These statutes are called authorizing statute or enabling statute or authorizing legislation Authorizing statutes typically have two parts a substantive scope typically using language such as The Secretary shall promulgate regulations to accomplish some purpose or within some scope and b procedural requirements typically to invoke rulemaking requirements of the Administrative Procedure Act APA Paperwork Reduction Act PRA codified at 44 U S C 3501 3521 Regulatory Flexibility Act RFA codified at 5 U S C 601 612 and several executive orders primarily Executive Order 12866 2 Generally each of these laws requires a process that includes a publication of the proposed rules in a notice of proposed rulemaking NPRM b certain cost benefit analyses and c request for public comment and participation in the decision making and d adoption and publication of the final rule via the Federal Register 2 3 Rulemaking culminates in the inclusion of a regulation in the Code of Federal Regulations Such regulations are often referred to as implementing regulations vis a vis the authorizing statute Publication procedure editThe rules and regulations are first promulgated or published in the Federal Register The CFR is structured into 50 subject matter titles Agencies are assigned chapters within these titles The titles are broken down into chapters parts sections and paragraphs 4 For example 42 C F R 260 11 a 1 would indicate title 42 part 260 section 11 paragraph a 1 Conversationally it would be read as forty two C F R two sixty point eleven a one or similar While new regulations are continually becoming effective the printed volumes of the CFR are issued once each calendar year on this schedule Titles 1 16 are updated as of January 1 Titles 17 27 are updated as of April 1 Titles 28 41 are updated as of July 1 Titles 42 50 are updated as of October 1 The Office of the Federal Register also keeps an unofficial online version of the CFR the e CFR which is normally updated within two days after changes that have been published in the Federal Register become effective 5 The Parallel Table of Authorities and Rules lists rulemaking authority for regulations codified in the CFR 6 List of CFR titles edit nbsp Code of Federal Regulations seen at the Mid Manhattan Library Editions of Title 3 on the President are kept on archive Notice that for the first year of each new presidency the volume is thicker The CFR is divided into 50 titles that represent broad subject areas 2 Title 1 General Provisions Title 2 Grants and Agreements Title 3 The President Title 4 Accounts Title 5 Administrative Personnel Title 6 Domestic Security Title 7 Agriculture Title 8 Aliens and Nationality Title 9 Animals and Animal Products Title 10 Energy Title 11 Federal Elections Title 12 Banks and Banking Title 13 Business Credit and Assistance Title 14 Aeronautics and Space also known as the Federal Aviation Regulations Title 15 Commerce and Foreign Trade Title 16 Commercial Practices Title 17 Commodity and Securities Exchanges Title 18 Conservation of Power and Water Resources Title 19 Customs Duties Title 20 Employees Benefits Title 21 Food and Drugs Title 22 Foreign Relations Title 23 Highways Title 24 Housing and Urban Development Title 25 Indians Title 26 Internal Revenue also known as the Treasury Regulations Title 27 Alcohol Tobacco Products and Firearms Title 28 Judicial Administration Title 29 Labor Title 30 Mineral Resources Title 31 Money and Finance Treasury Title 32 National Defense Title 33 Navigation and Navigable Waters Title 34 Education Title 35 Reserved formerly Panama Canal Title 36 Parks Forests and Public Property Title 37 Patents Trademarks and Copyrights Title 38 Pensions Bonuses and Veterans Relief Title 39 Postal Service Title 40 Protection of Environment Title 41 Public Contracts and Property Management Title 42 Public Health Title 43 Public Lands Interior Title 44 Emergency Management and Assistance Title 45 Public Welfare Title 46 Shipping Title 47 Telecommunication Title 48 Federal Acquisition Regulations System Title 49 Transportation Title 50 Wildlife and FisheriesHistory editThe Federal Register Act originally provided for a complete compilation of all existing regulations promulgated prior to the first publication of the Federal Register but was amended in 1937 to provide a codification of all regulations every five years 7 The first edition of the CFR was published in 1938 7 Beginning in 1963 for some titles and for all titles in 1967 the Office of the Federal Register began publishing yearly revisions and beginning in 1972 published revisions in staggered quarters 7 On March 11 2014 Rep Darrell Issa introduced the Federal Register Modernization Act H R 4195 113th Congress a bill that would revise requirements for the filing of documents with the Office of the Federal Register for inclusion in the Federal Register and for the publication of the Code of Federal Regulations to reflect the changed publication requirement in which they would be available online but would not be required to be printed 8 The American Association of Law Libraries AALL strongly opposed the bill arguing that the bill undermines citizens right to be informed by making it more difficult for citizens to find their government s regulations 9 According to AALL a survey they conducted revealed that members of the public librarians researchers students attorneys and small business owners continue to rely on the print version of the Federal Register 9 AALL also argued that the lack of print versions of the Federal Register and CFR would mean the 15 percent of Americans who do not use the internet would lose their access to that material 9 The House voted on July 14 2014 to pass the bill 386 0 10 11 However the bill failed to come to a vote in the Senate and died upon the start of the 114th Congress See also editRegulations gov United States Reports California Code of Regulations Florida Administrative Code Illinois Administrative Code Code of Massachusetts Regulations List of CFR Sections Affected New Hampshire Code of Administrative Rules New Jersey Administrative Code New York Codes Rules and Regulations Oregon Administrative Rules Pennsylvania CodeNotes edit Browse Code of Federal Regulations Annual Edition FDsys US Government Publishing Office Federal Digital System Retrieved 2014 05 23 a b c Federal Administrative Law Duke University School of Law Retrieved March 10 2014 A summary of the statutes regulations and executive orders that govern rulemaking may be found at David E Boundy The PTAB is Not an Article III Court Part 1 A Primer on Federal Agency Rulemaking American Bar Ass n Landslide vol 10 no 2 pp 9 13 Nov Dec 2017 here or here 5 U S C 553 eCFR Code of Federal Regulations FDsys US Government Publishing Office Federal Digital System 2014 05 21 Retrieved 2014 05 23 Electronic Code of Federal Regulations Office of the Federal Register Retrieved March 10 2014 About Code of Federal Regulations Government Publishing Office Retrieved March 10 2014 a b c A Research Guide to the Federal Register and the Code of Federal Regulations Law Librarians Society of Washington D C Retrieved March 10 2014 H R 4195 Summary United States Congress Retrieved 14 July 2014 a b c The Federal Register and Code of Federal Regulations PDF American Association of Law Libraries Archived from the original PDF on 15 July 2014 Retrieved 14 July 2014 Medici Andy 15 July 2014 House passes bills to change TSP default fund extend whistleblower protections Federal Times Archived from the original on 26 July 2014 Retrieved 21 July 2014 H R 4195 All Actions United States Congress Retrieved 14 July 2014 References edit About Code of Federal Regulations Government Publishing Office 9 March 2017 A Research Guide to the Federal Register and the Code of Federal Regulations Law Librarians Society of Washington D C July 21 2012 Report to Congress on the Costs and Benefits of Federal Regulations Office of Management and Budget September 30 1997 Further reading edit The Federal Register Tutorial The Federal Register What It Is and How to Use It Office of the Federal Register 2016 08 15 External links editCode of Federal Regulations at Wikipedia s sister projects nbsp Media from Commons nbsp Texts from Wikisource Electronic Code of Federal Regulations eCFR from the GPO Code of Federal Regulations annual edition on GovInfo from the GPO Code of Federal Regulations in the GPO s U S Government Bookstore Code of Federal Regulations cross referenced to U S Code from Cornell LII Code of Federal Regulations cross referenced to U S Code from GovRegs Sources and Tools to the Code of Federal Regulations free and commercial from LLSDC org Retrieved from https en wikipedia org w index php title Code of Federal Regulations amp oldid 1213061601, wikipedia, wiki, book, books, library,

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