Administrative Law Research: Federal Register and Code of Federal Regulations Trisha Simonds Fall 2008 Administrative Powers Many laws enacted by Congress require agencies to issue regulations which are published through the Federal Register and the Code of Federal Regulations Federal Register Provides official notice; published every weekday, except holidays, about 60,000 pages per year Citation in FR looks like: • 68 FR 58367 • This means “volume 68” beginning on “page 58367” • A new volume begins each year in January. • Pages are numbered consecutively throughout the calendar year from January 1 to December 31. FR includes • • • • • Proposed rules Final rules & regulations Notices from agencies Presidential documents Sunshine Act meetings Notices • Notices are documents other than rules and regulations that are applicable to the public. • They are not codified in the CFR. • Examples: grant application deadlines, availability of environmental impact statements, delegation of authority. The Beginning of the Process • Agencies propose new regulations and publish them in the Federal Register • Public comment is invited • Final language is published in the FR Proposed Rule • Name of Agency •CFR Title and Parts Affected •Brief description of subject (bolded) •Summary (why proposed?) •Date (deadline to comment) •Supplementary info (explanatory documents) Final Rule • • • • • • • Name of agency or sub-agency CFR title and parts affected Type of action, i.e., Final Rule Summary Effective date Background and summary of feedback Section-by-Section Analysis FR Unified Agenda • • • • AKA, the Semiannual Regulatory Agenda Published in April and October Important organizing tool for agencies and attorneys Summarizes rules and proposed rules that each agency expects to issue during the following twelve months FR Table of Contents • Arranged alphabetically by agency name • Covers all documents in one daily issue • Under each agency documents are arranged by type—Rules, Proposed Rules, Notices • Beginning page number Federal Register Index • Separate monthly publication • Consolidation of the Tables of Contents of each daily Federal Register issues • Arranged the same as the daily Table of Contents, alphabetically by agency, with beginning page number Code of Federal Regulations • After publication as a Final Rule in FR, regulations are codified in the annual CFR • Has 50 titles representing broad subject areas • Each title is further divided by chapter (usually the name of the issuing agency), part, and section Citation in the CFR looks like 42 CFR 64 This means “title 42, part 64” 42 CFR 220.1 This means “title 42, part 220, section 1” CFR Indexing • Revised annually on January 1 • Subject/agency index • List of agency-prepared indexes appearing in individual CFR volumes Revision schedule for CFR • • • • • Titles 1-16 revised as of January 1 Titles 17-27 revised as of April 1 Titles 28-41 revised as of July 1 Titles 42-50 revised as of October 1 Revision date is printed on the cover of each volume. Each year is a different color. GPO Access • • • • • • • • http://www.gpoaccess.gov http://www.gpoaccess.gov/fr http://www.gpoaccess.gov/cfr http://www.gpoaccess.gov/lsa Usually updated faster than the print FR FR 1994-date with PDF 1995-date CFR with PDF 1997-date Unified Agenda 1994-date 2 1 2 1 New FR website • http://www.regulations.gov • Designed to be citizen friendly to encourage comments on proposed regulations from ordinary citizens • Implemented by the Bush Administration in January 2003 Lexis and Westlaw • Both have FR July 1, 1980-date • Lexis has CFR 1981-date • Westlaw has CFR 1984-date Hein Online • • • • • • http://www.heinonline.org FR 1936 - July 2008 in PDF CFR 1938 – 2008 in PDF Browse capability Citation retrieval capability Word search capability of unedited optically scanned text • Any questions? • Thank you for attending!