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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. The CFR is divided into 50 titles which represent broad areas subject to federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. Large parts may be subdivided into subparts. All parts are organized in sections, and most citations to the CFR will be to the section level.
Tips:
After the outline for the CFR part, you will find, under “AUTHORITY,” a citation to the statutory authority that promulgated the regulation.
After the authority, under "SOURCE," will be listed the citation to the Federal Register where the regulations were originally published.
Next, look at the end of the CFR section to find citations to statutory authority for an individual regulation, or to notices in the Federal Register, other than the "SOURCE," that created or amended that section.
The Federal Register is the official, daily publication reporting the regulatory actions of the executive branch. In addition to notices of rulemaking and final rulemakings, the Register may contain items from the president (such as Executive Orders and Proclamations), guidelines issued by an agency, legal notices, and other documents of general interest.
Tips:
The Federal Register is the only official source in which all phases of the regulatory process are reported.
Look to the regulatory preamble, which is an introduction to the regulation, for the reasoning behind, and objectives of the rule. Both the proposed and final versions of a regulation will contain a preamble.
To find the proposed version of a final rule, look in the “Background” section in the preamble of the final rule. There, you will find a Federal Register citation to a notice in which the proposed rule was published.
An agency guidance document is a memo developed by an agency that provides explanation of its interpretation of a statute or regulation. Guidance documents are not routinely collected or published. Try searching the EPA’s Web site, Google UncleSam, or USA.gov.
Federal Register
Code of Federal Regulations
A guide to using the CFR and FR in print: Updating Federal Regulations, by Joan Shear, Boston College Law Library.
Electronic
Use GPO Access to browse or search the Federal Register from 1994 to the present, and the Code of Federal Regulations, including Title 40 (Protection of the Environment), from April 1996 forward.
Use LexisNexis™ Congressional to browse or search the Code of Federal Regulations from 1981 forward, and the Federal Register from 1980 to the present.
The Electronic Code of Federal Regulations (e-CFR) is a frequently updated version of the CFR. Use the e-CFR to browse or search current CFR titles and amendments.
The Federal Register is available from HeinOnline, Vols. 1 (1936) through current, in PDF format.
Use Regulations.gov to find, review, and submit comments on Federal documents that are open for comment and published in the Federal Register.
Last updated 18 November 2008 (jbm)