Code Of Federal Regulations

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The Code of Federal Regulations
Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register
Federal Register 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. The CFR annual edition is the codification of the general and permanent rules published 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 in an unofficial format online on the Electronic CFR 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 links

Background[edit] Under the nondelegation doctrine, federal agencies are authorized by "enabling legislation" to promulgate regulations (rulemaking).[2] The process of rulemaking is governed by the Administrative Procedure Act (APA): generally, the APA requires a process that includes publication of the proposed rules in a notice of proposed rulemaking (NPRM), a period for comments and participation in the decisionmaking, and adoption and publication of the final rule, via the Federal Register.[2][3] 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 CFR 260.11(a)(1) would be read as "title 42, part 260, section 11, paragraph (a)(1)." 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]

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 Fisheries

History[edit] The Federal Register
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
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
Federal Register for inclusion in the Federal Register
Federal Register and for the publication of the Code of Federal Regulations
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
Federal Register and CFR would mean the 15 percent of Americans who don't 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] See also[edit]

Regulations.gov United States Reports California Code of Regulations Florida Administrative Code Illinois Administrative Code Code of Massachusetts Regulations New Hampshire Code of Administrative Rules New Jersey Administrative Code New York Codes, Rules and Regulations Oregon Administrative Rules Pennsylvania Code

Notes[edit]

^ "Browse Code of Federal Regulations
Code of Federal Regulations (Annual Edition)". FDsys. US Government Publishing Office
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. ^ 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
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
Federal Register and Code of Federal Regulations" (PDF). American Association of Law Libraries. Retrieved 14 July 2014. ^ Medici, Andy (15 July 2014). "House passes bills to change TSP default fund, extend whistleblower protections". Federal Times. 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. "A Research Guide to the Federal Register
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
Federal Register Tutorial / The Federal Register: What It Is and How to Use It". Office of the Federal Register.

External links[edit]

Find more aboutCode of Federal Regulationsat's sister projects

Media from Wikimedia Commons Texts from Wikisource

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United States administrative law

Concepts

Adjudication Rulemaking Notice Nondelegation doctrine

Federal legislation

Administrative Procedure Act (1946) Freedom of Information Act (1966) Government in the Sunshine Act
Government in the Sunshine Act (1976) Regulatory Flexibility Act
Regulatory Flexibility Act (1980)

Regulations

Code of Federal Regulations Federal Register Emergency Federal Register Regulations.gov

Policies and manuals

United States Attorneys' Manual Foreign Affairs Manual

Supreme Court decisions

Londoner v. Denver (1908) Bi-Metallic Investment Co. v. State Board of Equalization
Bi-Metallic Investment Co. v. State Board of Equalization (1915) NLRB v. Hearst Publications
NLRB v. Hearst Publications (1944) Skidmore v. Swift & Co. (1944) Universal Camera Corp. v. NLRB
Universal Camera Corp. v. NLRB (1951) Goldberg v. Kelly
Goldberg v. Kelly (1970) Citizens to Preserve Overton Park v. Volpe
Citizens to Preserve Overton Park v. Volpe (1971) Mathews v. Eldridge
Mathews v. Eldridge (1976) Vermont Yankee v. NRDC (1978) MVMA v. State Farm (1983) Chevron v. NRDC (1984) United States v. Mead Corp.
United States v. Mead Corp. (2001) Whitman v. ATA (2001) NCTA