Code of Federal Regulations

Code of Federal Regulations
U.S. Government Printing Office · Public domain · source
Name	Code of Federal Regulations
Caption	A volume of Title 3, containing presidential documents.
Jurisdiction	Federal government of the United States
Date created	1938
Date effective	1938
Related legislation	Administrative Procedure Act, Federal Register Act
Website	[https://www.ecfr.gov/ eCFR]

Code of Federal Regulations. It is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal government of the United States. The CFR is divided into 50 titles representing broad areas subject to federal regulation, and it provides the official text of regulatory law alongside the United States Code. It is a critical resource for legal compliance, informing the public of the obligations created by federal agencies like the Environmental Protection Agency and the Securities and Exchange Commission.

Overview

The CFR serves as the definitive source for the administrative law of the United States federal government. It contains the full text of agency regulations that have the force of law, created under the authority granted by statutes passed by the United States Congress. These regulations implement, interpret, and prescribe law and policy for a vast array of activities, from aviation safety overseen by the Federal Aviation Administration to food and drug standards enforced by the Food and Drug Administration. The rules within it are legally binding on individuals, corporations, and state and local governments, and they are subject to judicial review by the United States courts of appeals and ultimately the Supreme Court of the United States.

Structure and organization

The CFR is organized into 50 distinct titles, each corresponding to a major regulatory area. For example, Title 7 covers Agriculture, Title 10 covers Energy, and Title 26 contains the Internal Revenue Service tax regulations. Each title is divided into chapters, which are usually assigned to a specific issuing agency such as the Department of Defense or the Department of Transportation. Chapters are further subdivided into parts covering specific regulatory areas, and then into sections, which are the basic unit of the CFR. This hierarchical system is meticulously maintained by the Office of the Federal Register and the Government Publishing Office.

Rulemaking process and legal effect

Regulations in the CFR are created through a formal rulemaking process defined by the Administrative Procedure Act. This typically involves an agency publishing a notice of proposed rulemaking in the Federal Register, allowing for a public comment period, and then issuing a final rule. Major rules may also be reviewed by the Office of Information and Regulatory Affairs within the Office of Management and Budget. Once properly promulgated, these regulations have the full force and effect of law. Their validity can be challenged in court, with landmark cases like Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. establishing important judicial deference doctrines.

Publication and access

The CFR is published annually on a rolling quarterly schedule, with one-fourth of the titles updated each quarter. The official print edition is produced by the Government Publishing Office, while the official digital version, known as the eCFR, is maintained by the Office of the Federal Register and is updated daily. Free public access is provided online, a significant advancement from earlier reliance on print and commercial databases like Westlaw and LexisNexis. Historical versions are preserved, providing a critical record for legal research into the evolution of regulatory policy during different presidential administrations, from the New Deal to the present.

History and development

The CFR was established in 1938 following the passage of the Federal Register Act of 1935, which created the Federal Register system. Its creation was a response to the growing complexity of the federal regulatory state during the Great Depression and the New Deal era under President Franklin D. Roosevelt. The system was further formalized by the Administrative Procedure Act of 1946. Over the decades, its scope has expanded dramatically with the creation of new agencies like the Environmental Protection Agency under President Richard Nixon and the Department of Homeland Security following the September 11 attacks.

Category:United States federal regulations Category:United States federal legislation Category:Government publications