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Code of Federal Regulations (United States)

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Code of Federal Regulations (United States)
NameCode of Federal Regulations
CountryUnited States
AbbreviationCFR
Released1938
PublisherOffice of the Federal Register
SubjectAdministrative law

Code of Federal Regulations (United States) is the annual codification of rules and regulations promulgated by federal executive agencies, compiled to organize the Administrative Procedure Act implementations and administrative decisions of agencies such as the Department of Justice, Department of Health and Human Services, Securities and Exchange Commission, Environmental Protection Agency, and Federal Communications Commission. It functions alongside statutory law like the United States Code and interacts with judicial interpretations from the Supreme Court of the United States, the United States Courts of Appeals, and district courts such as the United States District Court for the District of Columbia. The CFR is produced by the Office of the Federal Register within the National Archives and Records Administration and informs rulemaking connected to statutes enacted by the United States Congress and signed by Presidents including Franklin D. Roosevelt, Dwight D. Eisenhower, and Barack Obama.

Overview and Purpose

The CFR consolidates regulations issued under authority delegated by statutes such as the Federal Food, Drug, and Cosmetic Act, the Social Security Act, the Clean Air Act, the Freedom of Information Act, and the Bank Holding Company Act to agencies including the Food and Drug Administration, Social Security Administration, Environmental Protection Agency, Department of Commerce, and Federal Reserve Board. It guides practitioners from entities like the Federal Trade Commission and the National Labor Relations Board and provides enforceable administrative standards referenced in adjudications before bodies such as the United States Tax Court and the Merit Systems Protection Board. Scholars citing administrative law rely on precedents set in cases like Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and Massachusetts v. Environmental Protection Agency to interpret CFR provisions.

Organization and Structure

The CFR is divided into 50 titles that correspond to broad subject areas affecting agencies including the Department of Defense, Department of the Treasury, Department of Transportation, Department of Education, and Department of Homeland Security. Each title contains chapters named for federal agencies such as the Internal Revenue Service and the Federal Aviation Administration, subchapters, parts, and sections that mirror rulemaking sequences seen in the Federal Register and in regulatory frameworks like the Administrative Procedure Act. Cross-references link to statutory authorities such as the Bank Secrecy Act and the Civil Rights Act of 1964, and to international agreements like the North American Free Trade Agreement where agencies coordinate with institutions like the United States Trade Representative.

Publication and Maintenance

The Office of the Federal Register compiles and publishes the CFR annually, with titles updated on a staggered schedule; for example, rules from the Environmental Protection Agency and Department of Labor appear according to the editorial calendar used by the National Archives and Records Administration. Interim and final rules are first published in the Federal Register promulgated by Presidents including Theodore Roosevelt (historical antecedents) and later codified into the CFR, while emergency rules may reference authorities invoked after events like Hurricane Katrina or directives from the White House. Corrections and updates appear in United States Statutes at Large citations when tied to underlying statutes passed by the United States Congress.

Regulations in the CFR derive their legal authority from enabling statutes enacted by the United States Congress and signed into law by Presidents such as Harry S. Truman and John F. Kennedy, and their validity is subject to review under doctrines established in cases like Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and Skidmore v. Swift & Co.. Agencies including the Federal Communications Commission and the Securities and Exchange Commission must follow the Administrative Procedure Act’s notice-and-comment requirements when adopting rules unless exceptions apply under statutes such as the Homeland Security Act of 2002 or under Presidential directives like those originating from the Executive Office of the President. Judicial challenges can lead to vacatur or remand by appellate panels of the United States Courts of Appeals and ultimately the Supreme Court of the United States.

Access, Searchability, and Citations

CFR citations use a standardized format (title C FR section) that legal practitioners cite in briefs before courts including the Supreme Court of the United States and tribunals like the Interstate Commerce Commission (historical). Public access is provided through the Office of the Federal Register and repositories maintained by the Library of Congress, online portals affiliated with the National Archives and Records Administration, and commercial services used by firms such as West Publishing and LexisNexis. Search tools integrate metadata standards comparable to those used by the Library of Congress and link to related statutory text in the United States Code and legislative history from the Congressional Record.

History and Major Revisions

The CFR originated from administrative consolidation efforts contemporaneous with New Deal-era legislation and codification practices established after the passage of the Administrative Procedure Act and the creation of the Office of the Federal Register during the administration of Franklin D. Roosevelt. Major revisions and reorganizations have followed landmark statutes like the Civil Rights Act of 1964 and regulatory overhauls after events such as the Enron scandal and the passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act, prompting extensive rulemaking by agencies including the Securities and Exchange Commission and the Commodity Futures Trading Commission. Judicial decisions such as Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and administrative reforms under Presidents including Richard Nixon and Bill Clinton have shaped the CFR’s interpretive landscape.

Category:United States administrative law