Code of Federal Regulations
Overview
 
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law
United States administrative law
United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always...

) published in the Federal Register
Federal Register
The Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...

by the executive departments and agencies of the Federal Government of the United States
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

.

The CFR is published by the Office of the Federal Register
Office of the Federal Register
The Office of the Federal Register is an agency of the United States government within the National Archives and Records Administration.The Office publishes the Federal Register, Code of Federal Regulations, and United States Statutes at Large, among others. It also administers the Electoral College....

, an agency of the National Archives and Records Administration
National Archives and Records Administration
The National Archives and Records Administration is an independent agency of the United States government charged with preserving and documenting government and historical records and with increasing public access to those documents, which comprise the National Archives...

 (NARA).

The CFR is divided into 50 titles that represent broad areas subject to Federal regulation.
Every regulation in the CFR must have an "enabling statute," or statutory authority
Statutory authority
A statutory authority is a body set up by law which is authorised to enforce legislation on behalf of the relevant country or state. They are typically found in countries which are governed by a British style of parliamentary democracy. They are common in the UK, Australia, New Zealand etc but...

.
Encyclopedia
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law
United States administrative law
United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always...

) published in the Federal Register
Federal Register
The Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...

by the executive departments and agencies of the Federal Government of the United States
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

.

The CFR is published by the Office of the Federal Register
Office of the Federal Register
The Office of the Federal Register is an agency of the United States government within the National Archives and Records Administration.The Office publishes the Federal Register, Code of Federal Regulations, and United States Statutes at Large, among others. It also administers the Electoral College....

, an agency of the National Archives and Records Administration
National Archives and Records Administration
The National Archives and Records Administration is an independent agency of the United States government charged with preserving and documenting government and historical records and with increasing public access to those documents, which comprise the National Archives...

 (NARA).

The CFR is divided into 50 titles that represent broad areas subject to Federal regulation.

Background

Every regulation in the CFR must have an "enabling statute," or statutory authority
Statutory authority
A statutory authority is a body set up by law which is authorised to enforce legislation on behalf of the relevant country or state. They are typically found in countries which are governed by a British style of parliamentary democracy. They are common in the UK, Australia, New Zealand etc but...

. The United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...

 (U.S. Code) precedes the CFR and contains statutes enacted by Congress. The CFR contains regulations, which spell out in further detail how the executive branch
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...

 will interpret the law. The two documents represent different stages in the legislative process. The U.S. Code is a codification
Codification
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex of law.-History:...

 of legislation, while the CFR serves as administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...

. Administrative law exists because the Congress often grant
Delegation
Delegation is the assignment of authority and responsibility to another person to carry out specific activities. However the person who delegated the work remains accountable for the outcome of the delegated work. Delegation empowers a subordinate to make decisions, i.e...

s broad authority to executive branch
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...

 agencies to interpret the statutes in the U.S.Code (and in uncodified statutes) which the agencies are entrusted with enforcing. Congress may be too busy, congested, or gridlocked
Gridlock (politics)
In politics, gridlock refers to the difficulty of passing laws fulfilling a party's political agenda in a legislature that is nearly evenly divided, or in which two legislative houses, or the executive branch and the legislature are controlled by different political parties...

 to micromanage the jurisdiction of those agencies by writing statutes that cover every possible detail, or Congress may determine that the technical specialists at the agency are best equipped to develop detailed applications of statutes to particular fact patterns as they arise.

Under the Administrative Procedure Act
Administrative Procedure Act
The Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...

, the agencies are permitted to promulgate
Promulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....

 detailed rules and regulations through a public "rulemaking
Rulemaking
In administrative law, rulemaking refers to the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.By bringing...

" process where the public is allowed to comment, known as public information
Public comment
-Introduction:Public comment is a specific term of art used by various government agencies in the United States, a constitutional democracy, in several circumstances. It is sometimes called "vox populi". Generally these circumstances are open public meetings of government bodies which set aside...

. After a period of time, the rules and regulations are usually published in the Federal Register
Federal Register
The Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...

.

The Parallel Table Of Authorities And Rules in the index to the CFR correlates laws with their regulations using U.S. Code citations, Statutes at Large citations and Public Law numbers.

Effect of administrative law

The rules are treated by the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

s as being as legally binding as statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...

, provided the regulations are a reasonable interpretation of the underlying statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

s. This "reasonable interpretation" test or Chevron
Chevron Corporation
Chevron Corporation is an American multinational energy corporation headquartered in San Ramon, California, United States and active in more than 180 countries. It is engaged in every aspect of the oil, gas, and geothermal energy industries, including exploration and production; refining,...

doctrine was articulated by the U.S. Supreme Court in a unanimous decision (6 voting, 3 recused) involving a challenge to new Clean Air Act
Clean Air Act
A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...

 regulations promulgated by the Reagan administration in 1981. See Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 , was a case in which the United States Supreme Court set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers...



For example, if Congress enacted a law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 that simply stated that there are not to be "excessive" levels of mercury
Mercury (element)
Mercury is a chemical element with the symbol Hg and atomic number 80. It is also known as quicksilver or hydrargyrum...

 in any significant body of water in the United States (but defined things no further), an entity designated, as part of the law, to enforce it (probably the United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...

 (EPA)) could define in a scientific way what an excessive level of mercury is, as well as what constitutes a significant body of water. The Agency's definitions and its plan of enforcement for what Congress intended (along with listed penalties
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...

 for violation coming from Congress unless Congress specified otherwise) will all go into the CFR.

Also, enabling legislation can be passed by Congress which gives a federal non-Congressional entity wide latitude in creating rules (law of bases). For example, the EPA could be designated by Congress to promulgate rules "that control harmful pollutants
Pollution
Pollution is the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light...

"; the Agency could then promulgate broad rules (including definitions and enforcement provisions), in the absence of existing specific laws, to control lead
Lead
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...

 emissions, radon
Radon
Radon is a chemical element with symbol Rn and atomic number 86. It is a radioactive, colorless, odorless, tasteless noble gas, occurring naturally as the decay product of uranium or thorium. Its most stable isotope, 222Rn, has a half-life of 3.8 days...

 emissions, pesticide
Pesticide
Pesticides are substances or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.A pesticide may be a chemical unicycle, biological agent , antimicrobial, disinfectant or device used against any pest...

 emissions, and so forth. Such rules, including any definitions and enforcement provisions created by Congress or the Agency, will all go into the CFR.

It is important to understand that the CFR itself is written by lawyers for interpretation by lawyers and judges, and like statutes, must be carefully drafted in highly technical language to have effective broad application, yet limit the availability of loophole
Loophole
A loophole is a weakness that allows a system to be circumvented.Loophole may also refer to:*Arrowslit, a slit in a castle wall*Loophole , a short science fiction story by Arthur C...

s. Unfortunately, the vast majority of employees of the federal government are not lawyers, and it would ask too much to force them to directly read, interpret, and apply the convoluted content of the CFR on a daily basis. Therefore, nearly all federal agencies have in-house counsel draft one or more internal manuals in plain English
Plain English
Plain English is a generic term for communication styles that emphasise clarity, brevity and the avoidance of technical language – particularly in relation to official government communication, including laws.The intention is to write in a manner that is easily understood by the target...

 which set out daily internal operating procedures in very simple language that any layperson can follow. While such manuals do not really have the force of law, they are often the law as far as most employees and customers of such agencies are concerned, unless and until a dissatisfied customer of an agency appeals to a supervisor who does understand the CFR and the U.S.C. (or eventually sues the agency in court).

Oddly, despite the informality of such manuals, the U.S. Supreme Court has occasionally cited them as authority when confronted with situations not precisely addressed by the United States Code or the CFR.

Publication of administrative law

The rules and regulations are first promulgated or published in the Federal Register. Each is given a CFR citation, such as 42 CFR 260.11(a)(1), that can be cited immediately, without waiting for a page number from the physical copy. The aforementioned citation would be read, "title 42, part 260, section 11, paragraph (a)(1)."

NARA also keeps an online version of the CFR, the e-CFR, that is normally updated two days after changes to the regulations, that have been published in the Federal Register, become effective.

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 on January 1
  • Titles 17–27 are updated on April 1
  • Titles 28–41 are updated on July 1
  • Titles 42–50 are updated on October 1

List of regulation titles

  • Title 1: General Provisions
    Title 1 of the Code of Federal Regulations
    Title 1 of the Code of Federal Regulations , entitled General Provisions, is a United States federal government regulation.Title 1 comprises one volume, further divided into three chapters...

  • Title 2: Grants and Agreements
  • Title 3: The President
  • Title 4: Accounts
  • Title 5: Administrative Personnel
  • Title 6: Homeland Security
  • Title 7: Agriculture
  • Title 8: Aliens and Nationality
  • Title 9: Animals and Animal Products
  • Title 10: Energy
    Title 10 of the Code of Federal Regulations
    Parts 0 to 199 of Title 10 of the Code of Federal Regulations are the requirements prescribed by the United States Nuclear Regulatory Commission and binding on all persons and organizations who receive a license from NRC to use nuclear materials or operate nuclear facilities...

  • Title 11: Federal Elections
  • Title 12: Banks and Banking
  • Title 13: Business Credit and Assistance
  • Title 14: Aeronautics and Space
    Federal Aviation Regulations
    The Federal Aviation Regulations, or FARs, are rules prescribed by the Federal Aviation Administration governing all aviation activities in the United States. The FARs are part of Title 14 of the Code of Federal Regulations...

     (also known as the Federal Aviation Regulations, administered by the Federal Aviation Administration
    Federal Aviation Administration
    The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...

    )
  • Title 15: Commerce and Foreign Trade
    Title 15 of the Code of Federal Regulations
    Title 15 is the portion of the Code of Federal Regulations that governs Commerce and Foreign Trade within the United States. It is available in digital or printed form.Title 15 comprises three volumes, and is divided into four Subtitles:...

  • 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 21 of the Code of Federal Regulations
    Title 21 is the portion of the Code of Federal Regulations that governs food and drugs within the United States for the Food and Drug Administration , the Drug Enforcement Administration , and the Office of National Drug Control Policy ....

     (administered by the US Food and Drug Administration
    Food and Drug Administration
    The Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...

     and the US Drug Enforcement Administration
    Drug Enforcement Administration
    The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...

    )
  • Title 22: Foreign Relations
  • Title 23: Highways
  • Title 24: Housing and Urban Development
  • Title 25: Indians
    Title 25 of the Code of Federal Regulations
    Title 25 is the portion of the Code of Federal Regulations that governs Government-to-Government relations with Native American tribes within the United States. It is available in digital or printed form.-External links:*...

  • Title 26: Internal Revenue
    Treasury regulations
    Treasury Regulations are the tax regulations issued by the United States Internal Revenue Service , a bureau of the United States Department of the Treasury. These regulations are the Treasury Department’s official interpretations of the Internal Revenue Code and are one source of U.S...

  • 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 33 of the Code of Federal Regulations
    Title 33 is the portion of the Code of Federal Regulations that governs Navigation and Navigable Waters within the United States. It is available in digital or printed form....

  • Title 34: Education
  • Title 35: Reserved
    Title 35 of the Code of Federal Regulations
    Title 35 of the Code of Federal Regulations was a United States federal government regulation on the Panama Canal. This title last appeared in the 2000 revision of the CFR, and has since been withdrawn....

     (formerly Panama Canal
    Panama Canal
    The Panama Canal is a ship canal in Panama that joins the Atlantic Ocean and the Pacific Ocean and is a key conduit for international maritime trade. Built from 1904 to 1914, the canal has seen annual traffic rise from about 1,000 ships early on to 14,702 vessels measuring a total of 309.6...

    )
  • 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 40 of the Code of Federal Regulations
    Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency , based on the provisions of United States laws...

     (administered by the United States Environmental Protection Agency
    United States Environmental Protection Agency
    The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...

    )
  • Title 41: Public Contracts and Property Management
    Title 41 of the Code of Federal Regulations
    Title 41 is the portion of the Code of Federal Regulations that governs public contracts.-CHAPTER:*50 PUBLIC CONTRACTS, DEPARTMENT OF LABOR*51 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED...

  • Title 42: Public Health
  • Title 43: Public Lands: Interior
  • Title 44: Emergency Management and Assistance
  • Title 45: Public Welfare
  • Title 46: Shipping
    Title 46 of the Code of Federal Regulations
    Title 46 is the portion of the Code of Federal Regulations that governs shipping within the United States for the United States Coast Guard, the United States Maritime Administration, and the United States Maritime Commission...

  • Title 47: Telecommunication (also known as the "FCC Rules", administered by the Federal Communications Commission
    Federal Communications Commission
    The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...

    )
  • Title 48: Federal Acquisition Regulations System
    Federal Acquisition Regulations
    The Federal Acquisition Regulation is the principal set of rules in the Federal Acquisition Regulation System. This system consists of sets of regulations issued by agencies of the Federal government of the United States to govern what is called the "acquisition process"; this is the process...

  • Title 49: Transportation
  • Title 50: Wildlife and Fisheries

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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