Code Of Federal Regulations
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In the
law of the United States The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as v ...
, 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 federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fe ...
. The CFR is divided into 50 titles that represent broad areas subject to federal regulation. 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 The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It ...
) and the Government Publishing Office. In addition to this annual edition, the CFR is published online on the Electronic CFR (eCFR) website, which is updated daily.


Background

Congress frequently delegates authority to an executive branch agency to issue regulations to govern some sphere. These statutes are called "enabling legislation." Enabling legislation typically has two parts: a substantive scope (typically using language such as "The Secretary shall promulgate regulations to ccomplish some purpose or within some scope and (b) procedural requirements (typically to invoke rulemaking requirements of the Administrative Procedure Act (APA),
Paperwork Reduction Act The Paperwork Reduction Act of 1980 (Pub. L. No. 96-511, 94 Stat. 2812, codified at ) is a United States federal law enacted in 1980 designed to reduce the total amount of paperwork burden the federal government imposes on private businesses and c ...
(PRA,codified at ),
Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) is perhaps the most comprehensive effort by the U.S. federal government to balance the social goals of federal regulations with the needs and capabilities of small businesses and other small entities in America ...
(RFA, codified at ), and several executive orders (primarily
Executive Order 12866 Executive Order 12866 in the United States requires benefit-cost analysis for any new regulation that is "economically significant," which is defined as having "an annual effect on the economy of $100 million or more or adversely affect ngin a mate ...
).. A summary of the statutes, regulations, and executive orders that govern rulemaking may be found at
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, ''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
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/ref> Generally, each of these laws requires a process that includes publication of the proposed rules in a
notice of proposed rulemaking A Notice of Proposed Rulemaking (NPRM) is a public notice that is issued by law when an independent agency of the US government wishes to add, remove, or change a rule or regulation as part of the rulemaking process. The notice is an important ...
(NPRM), with certain cost-benefit analyses, and to request comments and participation in the decisionmaking, and adoption and publication of the final rule, via the '' Federal Register''. Rulemaking culminates in the inclusion of a regulation in the Code of Federal Regulations.


Publication procedure

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. 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. The Parallel Table of Authorities and Rules lists rulemaking authority for regulations codified in the CFR.


List of CFR titles

The CFR is divided into 50 titles that represent broad subject areas: * 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
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) * 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 Fisheries


History

The
Federal Register Act The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on fede ...
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. The first edition of the CFR was published in 1938. 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. On March 11, 2014, Rep.
Darrell Issa Darrell Edward Issa ( ; born November 1, 1953) is an American businessman and politician who has served as the U.S. representative for California's 50th congressional district since 2021. A member of the Republican Party, he previously served ...
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 The Office of the Federal Register is an office of the United States government within the National Archives and Records Administration. The Office publishes the ''Federal Register'', ''Code of Federal Regulations'', ''Public Papers of the Presid ...
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. The
American Association of Law Libraries The American Association of Law Libraries "is a nonprofit educational organization with over 5,000 members nationwide. AALL's mission is to promote and enhance the value of law libraries to the legal and public communities, to foster the professio ...
(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. 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''. AALL also argued that the lack of print versions of the ''Federal Register'' and ''CFR'' would mean the 15 percent of Americans who don't use the internet would lose their access to that material. The House voted on July 14, 2014 to pass the bill 386–0. However, the bill failed to come to a vote in the Senate, and died upon the start of the 114th Congress.


See also

* Regulations.gov * ''
United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...
'' * ''
California Code of Regulations The California Code of Regulations (CCR, Cal. Code Regs.) is the codification of the general and permanent rules and regulations (sometimes called administrative law) announced in the ''California Regulatory Notice Register'' by California state ...
'' * ''
Florida Administrative Code The Florida Administrative Code (FAC) is the official compilation of the rules and regulations of Florida regulatory agencies. See also * Florida Administrative Register * Law of Florida References External links Florida Administrative Cod ...
'' * ''
Illinois Administrative Code The Illinois Administrative Code (Ill. Adm. Code or IAC) is the official compilation of the administrative rules of Illinois state agencies published in the Illinois Register, and is maintained by the Illinois Secretary of State in cooperation wi ...
'' * ''
Code of Massachusetts Regulations The Code of Massachusetts Regulations (CMR) is the canonical collection of regulations promulgated by various agencies of the Commonwealth of Massachusetts. It is the state counterpart to the national Code of Federal Regulations (CFR). Regulatio ...
'' * '' List of CFR Sections Affected'' * '' New Hampshire Code of Administrative Rules'' * ''
New Jersey Administrative Code The New Jersey Administrative Code (N.J.A.C.) is the codification of all rules and regulations made by the executive branch agencies of New Jersey. Newly proposed rules are published for comment in the ''New Jersey Register'', which is published ...
'' * ''
New York Codes, Rules and Regulations The ''New York Codes, Rules and Regulations'' (NYCRR) contains New York state rules and regulations. The NYCRR is officially compiled by the New York State Department of State's Division of Administrative Rules. Contents See also * '' New York ...
'' * ''
Oregon Administrative Rules ''Oregon Administrative Rules Compilation'' (OAR) is the official compilation of rules and regulations, having the force of law in the U.S. state of Oregon. It is the regulatory and administrative corollary to Oregon Revised Statutes, and is publi ...
'' * ''
Pennsylvania Code The ''Pennsylvania Code'' is a publication of the Commonwealth of Pennsylvania, listing all rules, regulations, and other administrative documents from the Government of Pennsylvania. Citation Title 1 section 1.2 of the ''Pennsylvania Code'' su ...
''


Notes


References

* * *


Further reading

*


External links


Electronic Code of Federal Regulations
(eCFR) from the
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''Code of Federal Regulations''
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''Code of Federal Regulations''
in the GPO's
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''Code of Federal Regulations''
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''Code of Federal Regulations''
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