Everything about United States Code Of Federal Regulations totally explained
The
Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called
administrative law) published in the
Federal Register by the executive departments and agencies of the
Federal Government of the United States. The CFR is published by the
Office of the Federal Register, an agency of the
National Archives and Records Administration.
Background
Administrative law exists because the
United States Congress often
grants broad authority to
executive branch agencies to interpret the statutes in the
United States Code (and in uncodified statutes) which the agencies are entrusted with enforcing. Congress may be too busy or congested 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, the agencies are permitted to
promulgate detailed rules and regulations through a public "
rulemaking" process where the public is allowed to comment, known as public information. After a period of time, the rules and regulations are usually published in the
Federal Register.
Effect of administrative law
The regulations are treated by the
courts as being as legally binding as
statutory law, provided the regulations are a reasonable interpretation of the underlying
statutes. This "reasonable interpretation" test or
Chevron 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 regulations promulgated by the
Reagan administration in 1981. See
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc..
For example, if Congress passed a
law that simply stated that there are not to be "excessive" levels of
mercury 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 (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 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 pass rules "that control harmful
pollutants"; the Agency could then pass broad rules (including definitions and enforcement provisions), in the absence of existing specific laws, to control
lead emissions,
radon emissions,
pesticide emissions, and so forth. Such rules, including any Congressional- or Agency-created definitions and enforcement provisions, will all go into the CFR.
Publication of administrative law
The rules and regulations are first promulgated or published in the
Federal Register, and are later organized by topic or subject matter and are incorporated into the CFR.
Organization and printing schedule
The CFR is a multi-volume set divided into 50 titles that represent broad areas subject to Federal regulation. While new regulations are continually becoming effective, the physical printing of the CFR is updated on a set schedule. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis.
When finalized, new regulations are published in the
Federal Register with CFR part numbers, such as 42 CFR 260.11(a), that can be cited immediately, without waiting for a page number from the physical copy. An
internet version of the CFR, known as e-CFR, is also maintained by NARA, and is normally current to within three days of the
Federal Register.
List of Regulation Titles
Title 1: General Provisions
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 11: Federal Elections
Title 12: Banks and Banking
Title 13: Business Credit and Assistance
Title 14: Aeronautics and Space (aka the Federal Aviation Regulations, administered by the Federal Aviation Administration)
Title 15: Commerce and Foreign Trade
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 (administered by the US Food and Drug Administration and the US Drug Enforcement Administration)
Title 22: Foreign Relations
Title 23: Highways
Title 24: Housing and Urban Development
Title 25: Indians
Title 26: Internal Revenue
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 34: Education
Title 35: Reserved (formerly Panama Canal)
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 (administered by the United States Environmental Protection Agency)
Title 41: Public Contracts and Property Management
Title 42: Public health
Title 43: Public Lands: Interior
Title 44: Emergency Management and Assistance
Title 45: Public Welfare
Title 46: Shipping
Title 47: Telecommunication
Title 48: Federal Acquisition Regulations System
Title 49: Transportation
Title 50: Wildlife and FisheriesFurther Information
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