Editing Code of Federal Regulations

{{Short description|Codification of US federal regulations}}
{{Use American English|date=March 2025}}{{Use mdy dates|date=May 2025}}
{{Hatnote|The CFR is not to be confused with the USC, the [[United States Code]], which represents statutory law, not regulatory law.}}<!--Worded advisedly; do not obscure the acronyms "USC" and "CFR" here, which serve a clear pedagogic purpose in the hat nav context.-->
{{Infobox serial publication
| title = Code of Federal Regulations
| cover = Title 3 CFR 2005 Compilation.djvu
| caption = The ''Code of Federal Regulations''
| editor = 
| peer-reviewed = 
| language = English
| former_names = 
| discipline = [[Administrative law]]
| abbreviation = Code Fed. Regul.
| bluebook = C.F.R.
| publisher = [[Office of the Federal Register]]
| country = United States
| frequency = Annually
| history = 
| openaccess = 
| license = [[Public domain]]
| impact = 
| impact-year = 
| website = https://www.archives.gov/federal-register/cfr/about.html
| link1 = http://www.ecfr.gov/
| link1-name = Online access
| link2 = 
| link2-name = 
| JSTOR = 
| OCLC = 
| LCCN = 
| CODEN = 
| ISSN = 1946-4975
| eISSN = 
| boxwidth = 
}}
{{US administrative law}}
[[File:Code of Federal Regulations.jpg|thumb|right|A few volumes of the CFR at a law library (titles 12–26)]]

In the [[law of the United States]], the '''''Code of Federal Regulations''''' ('''''CFR''''') is the codification of the general and permanent [[regulatory law|regulations]] promulgated 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 published as a special issue of the ''[[Federal Register]]'' by the Office of the Federal Register (part of the [[National Archives and Records Administration]]) and the [[Government Publishing Office]].<ref>{{Cite web | title = Browse Code of Federal Regulations (Annual Edition)| work = FDsys |publisher= US Government Publishing Office Federal Digital System | access-date = 2014-05-23 | url = http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR}}</ref> In addition to this annual edition, the CFR is published online on the Electronic CFR (eCFR) website, which is updated daily.

==Background==
Congress frequently delegates authority to an executive branch agency to issue regulations to govern some sphere.  These statutes are called "authorizing statute" or "enabling statute" (or "authorizing legislation").  Authorizing statutes typically have two parts: (1) a substantive scope, typically using language such as "The Secretary shall promulgate regulations to [accomplish some purpose or within some scope]"; and (2) procedural requirements, typically to invoke [[rulemaking]] requirements of the [[Administrative Procedure Act (United States)|Administrative Procedure Act]] (APA), [[Paperwork Reduction Act]] (PRA, codified at {{usc|44|3501|3521}}), [[Regulatory Flexibility Act]] (RFA, codified at {{usc|5|601|612}}), and several executive orders (primarily [[Executive Order 12866]])).<ref name="duke">{{Cite web |title=Federal Administrative Law |url=http://law.duke.edu/lib/researchguides/fedadminlaw/ |access-date=March 10, 2014 |publisher=[[Duke University School of Law]]}}.  A summary of the statutes, regulations, and executive orders that govern rulemaking may be found at [[David E. Boundy]], ''The PTAB is Not an Article III Court, Part 1: A Primer on Federal Agency Rulemaking'', American Bar Ass’n, Landslide, vol. 10 no. 2 pp. 9–13 (Nov-Dec 2017) [https://www.americanbar.org/content/dam/aba/publications/landslide/2017-nov-dec/ptab-not-article-iii-court.authcheckdam.pdf here] or [https://ssrn.com/abstract=3258044 here]</ref>  Generally, each of these laws requires a process that includes (a) publication of the proposed rules in a [[notice of proposed rulemaking]] (NPRM), (b) certain cost-benefit analyses, (c) request for public comment and participation in the decision-making, and (d) adoption and publication of the final rule, via the ''[[Federal Register]]''.<ref name=duke/><ref>{{USC|5|553}}</ref> [[Rulemaking]] culminates in the inclusion of a regulation in the Code of Federal Regulations.  Such regulations are often referred to as "implementing regulations" vis-a-vis the authorizing statute.

==Publication procedure==
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.<ref>{{Cite web
| title = eCFR – Code of Federal Regulations
| work = FDsys – US Government Publishing Office Federal Digital System
| access-date = 2014-05-23
| date = 2014-05-21
| url = http://www.ecfr.gov/cgi-bin/text-idx?SID=3a6887235fe0ca1c4417ea10463861d6&node=1:1.0.1.5.17.1.11.7&rgn=div8
}}</ref> For example, 42 C.F.R. § 260.11(a)(1) would indicate "title 42, part 260, section 11, paragraph (a)(1)." Conversationally, it would be read as "forty-two C F R two-sixty point eleven a one" or similar.

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.<ref>{{Cite web|title=Electronic Code of Federal Regulations|publisher=[[Office of the Federal Register]]|url=http://www.ecfr.gov/cgi-bin/ECFR?page=userinfo|access-date=March 10, 2014}}</ref> The Parallel Table of Authorities and Rules lists rulemaking authority for regulations codified in the CFR.<ref>{{Cite web|title=About Code of Federal Regulations|publisher=[[Government Publishing Office]]|url=http://www.gpo.gov/help/about_code_of_federal_regulations.htm|access-date=March 10, 2014}}</ref>

== List of CFR titles ==
[[File:Code of Federal Regulations Mid-Manhattan Library.JPG|thumb|right|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:<ref name=duke/>

* [[Title 1 of the Code of Federal Regulations|Title 1: General Provisions]]
* [[Title 2 of the Code of Federal Regulations|Title 2: Grants and Agreements]]
* [[Title 3 of the Code of Federal Regulations|Title 3: The President]]
* [[Title 4 of the Code of Federal Regulations|Title 4: Accounts]]
* [[Title 5 of the Code of Federal Regulations|Title 5: Administrative Personnel]]
* [[Title 6 of the Code of Federal Regulations|Title 6: Domestic Security]]
* [[Title 7 of the Code of Federal Regulations|Title 7: Agriculture]]
* [[Title 8 of the Code of Federal Regulations|Title 8: Aliens and Nationality]]
* [[Title 9 of the Code of Federal Regulations|Title 9: Animals and Animal Products]]
* [[Title 10 of the Code of Federal Regulations|Title 10: Energy]]
* [[Title 11 of the Code of Federal Regulations|Title 11: Federal Elections]]
* [[Title 12 of the Code of Federal Regulations|Title 12: Banks and Banking]]
* [[Title 13 of the Code of Federal Regulations|Title 13: Business Credit and Assistance]]
* [[Federal Aviation Regulations|Title 14: Aeronautics and Space]] (also known as the Federal Aviation Regulations)
* [[Title 15 of the Code of Federal Regulations|Title 15: Commerce and Foreign Trade]]
* [[Title 16 of the Code of Federal Regulations|Title 16: Commercial Practices]]
* [[Title 17 of the Code of Federal Regulations|Title 17: Commodity and Securities Exchanges]]
* [[Title 18 of the Code of Federal Regulations|Title 18: Conservation of Power and Water Resources]]
* [[Title 19 of the Code of Federal Regulations|Title 19: Customs Duties]]
* [[Title 20 of the Code of Federal Regulations|Title 20: Employees' Benefits]]
* [[Title 21 of the Code of Federal Regulations|Title 21: Food and Drugs]]
* [[Title 22 of the Code of Federal Regulations|Title 22: Foreign Relations]]
* [[Title 23 of the Code of Federal Regulations|Title 23: Highways]]
* [[Title 24 of the Code of Federal Regulations|Title 24: Housing and Urban Development]]
* [[Title 25 of the Code of Federal Regulations|Title 25: Indians]]
* [[Treasury regulations|Title 26: Internal Revenue]] (also known as the Treasury Regulations)
* [[Title 27 of the Code of Federal Regulations|Title 27: Alcohol, Tobacco Products and Firearms]]
* [[Title 28 of the Code of Federal Regulations|Title 28: Judicial Administration]]
* [[Title 29 of the Code of Federal Regulations|Title 29: Labor]]
* [[Title 30 of the Code of Federal Regulations|Title 30: Mineral Resources]]
* [[Title 31 of the Code of Federal Regulations|Title 31: Money and Finance: Treasury]]
* [[Title 32 of the Code of Federal Regulations|Title 32: National Defense]]
* [[Title 33 of the Code of Federal Regulations|Title 33: Navigation and Navigable Waters]]
* [[Title 34 of the Code of Federal Regulations|Title 34: Education]]
* [[Title 35 of the Code of Federal Regulations|Title 35: Reserved]] (formerly [[Panama Canal]])
* [[Title 36 of the Code of Federal Regulations|Title 36: Parks, Forests, and Public Property]]
* [[Title 37 of the Code of Federal Regulations|Title 37: Patents, Trademarks, and Copyrights]]
* [[Title 38 of the Code of Federal Regulations|Title 38: Pensions, Bonuses, and Veterans' Relief]]
* [[Title 39 of the Code of Federal Regulations|Title 39: Postal Service]]
* [[Title 40 of the Code of Federal Regulations|Title 40: Protection of Environment]]
* [[Title 41 of the Code of Federal Regulations|Title 41: Public Contracts and Property Management]]
* [[Title 42 of the Code of Federal Regulations|Title 42: Public Health]]
* [[Title 43 of the Code of Federal Regulations|Title 43: Public Lands: Interior]]
* [[Title 44 of the Code of Federal Regulations|Title 44: Emergency Management and Assistance]]
* [[Title 45 of the Code of Federal Regulations|Title 45: Public Welfare]]
* [[Title 46 of the Code of Federal Regulations|Title 46: Shipping]]
* [[Title 47 of the Code of Federal Regulations|Title 47: Telecommunication]]
* [[Title 48 of the Code of Federal Regulations|Title 48: Federal Acquisition Regulations System]]
* [[Title 49 of the Code of Federal Regulations|Title 49: Transportation]]
* [[Title 50 of the Code of Federal Regulations|Title 50: Wildlife and Fisheries]]

== History ==
The [[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.<ref name=llsdc/> The first edition of the CFR was published in 1938.<ref name=llsdc>{{Cite web|title=A Research Guide to the Federal Register and the Code of Federal Regulations|publisher=Law Librarians' Society of Washington, D.C.|url=http://www.llsdc.org/fr-cfr-research-guide|access-date=March 10, 2014}}</ref> 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.<ref name=llsdc/>

On March 11, 2014, Rep. [[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]] for inclusion in the ''Federal Register'' and for the publication of the ''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.<ref name=4195sum>{{cite web|title=H.R. 4195 – Summary|url=https://beta.congress.gov/bill/113th-congress/house-bill/4195|publisher=United States Congress|access-date=14 July 2014}}</ref> 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.<ref name=AALLoppose>{{cite web|title=The Federal Register and Code of Federal Regulations|url=http://aallnet.org/Documents/Government-Relations/Issue-Briefs-and-Reports/2014/FRonepager.pdf|publisher=American Association of Law Libraries|access-date=14 July 2014|archive-url=https://web.archive.org/web/20140715020300/http://aallnet.org/Documents/Government-Relations/Issue-Briefs-and-Reports/2014/FRonepager.pdf|archive-date=15 July 2014|url-status=dead}}</ref> 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''.<ref name="AALLoppose"/> AALL also argued that the lack of print versions of the ''Federal Register'' and ''CFR'' would mean the 15 percent of Americans who do not use the internet would lose their access to that material.<ref name="AALLoppose"/> The House voted on July 14, 2014, to pass the bill 386–0.<ref name=FTbillpassage>{{cite news|last1=Medici|first1=Andy|title=House passes bills to change TSP default fund, extend whistleblower protections|url=http://www.federaltimes.com/apps/pbcs.dll/article?AID=2014307150016|access-date=21 July 2014|publisher=Federal Times|date=15 July 2014|archive-url=https://archive.today/20140726053819/http://www.federaltimes.com/apps/pbcs.dll/article?AID=2014307150016|archive-date=26 July 2014|url-status=dead}}</ref><ref name=4195allactions>{{cite web|title=H.R. 4195 – All Actions|url=https://beta.congress.gov/bill/113th-congress/house-bill/4195/all-actions|publisher=United States Congress|access-date=14 July 2014}}</ref> However, the bill failed to come to a vote in the Senate, and died upon the start of the 114th Congress.

== Activity and changes over time ==
The Code of Federal Regulations is a dynamic document with many changes and edits over time; however, tracking the edits and their impact is difficult.<ref name="Shapiro,2014">{{cite journal | last=Shapiro | first=Stuart | title=Counting regulations and measuring regulatory impact: a call for nuance | journal=Humanities and Social Sciences Communications | volume=11 | issue=1 | date=2024-11-03 | issn=2662-9992 | doi=10.1057/s41599-024-03982-7 | doi-access=free | page=}}</ref><ref name="CFR,2019">{{Citation | vauthors=((Congressional Research Service)) | year=2019 | title=Counting Regulations: An Overview of Rulemaking, Types of Federal Regulations, and Pages in the Federal Register | url=https://crsreports.congress.gov/product/details?prodcode=R43056 | access-date=10 March 2024}}

</ref> Simple counts of the number of rules, words, or pages is insufficient.<ref name="Shapiro,2014"/>

== See also==
* [[United States Code]]
* [[Regulations.gov]]
* ''[[United States Reports]]''
* ''[[California Code of Regulations]]''
* ''[[Florida Administrative Code]]''
* ''[[Illinois Administrative Code]]''
* ''[[Code of Massachusetts Regulations]]''
* ''[[List of CFR Sections Affected]]''
* ''[[New Hampshire Code of Administrative Rules]]''
* ''[[New Jersey Administrative Code]]''
* ''[[New York Codes, Rules and Regulations]]''
* ''[[Oregon Administrative Rules]]''
* ''[[Pennsylvania Code]]''

== Notes ==
{{Reflist|30em}}

== References ==
* {{Cite web|title=About Code of Federal Regulations|date=9 March 2017|publisher=[[Government Publishing Office]]|url=http://www.gpo.gov/help/about_code_of_federal_regulations.htm}}
* {{Cite web|title=A Research Guide to the Federal Register and the Code of Federal Regulations|date=July 21, 2012|publisher=Law Librarians' Society of Washington, D.C.|url=http://www.llsdc.org/fr-cfr-research-guide}}
* {{Cite web|title=Report to Congress on the Costs and Benefits of Federal Regulations|date=September 30, 1997|publisher=[[Office of Management and Budget]]|url=https://georgewbush-whitehouse.archives.gov/omb/inforeg/chap1.html}}

== Further reading ==
* {{Cite web|title=The Federal Register Tutorial / The Federal Register: What It Is and How to Use It|date=2016-08-15|publisher=[[Office of the Federal Register]]|url=https://www.archives.gov/federal-register/tutorial/}}

== External links ==
{{Sister project links|auto=yes}}
* [http://www.ecfr.gov/ Electronic Code of Federal Regulations] (eCFR) from the [[United States Government Publishing Office|GPO]]
* [https://www.govinfo.gov/app/collection/cfr/ ''Code of Federal Regulations''] (annual edition) on [[GovInfo]] from the GPO
* [http://bookstore.gpo.gov/CFR ''Code of Federal Regulations''] in the GPO's [[U.S. Government Bookstore]]
* [https://www.law.cornell.edu/cfr/ ''Code of Federal Regulations''] (cross-referenced to [[United States Code|U.S. Code]]) from [[Legal Information Institute|Cornell LII]]
* [https://www.govregs.com/regulations ''Code of Federal Regulations''] (cross-referenced to [[United States Code|U.S. Code]]) from GovRegs
* [http://www.llsdc.org/sources-and-tools-to-the-code-of-federal-regulations Sources and Tools to the ''Code of Federal Regulations''] free and commercial from LLSDC.org

{{US Administrative law}}
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[[Category:Code of Federal Regulations| ]]
[[Category:Publications of the United States government]]