Gavin Howe
The Code of Federal Regulations (CFR) is the codification of the general and permanent 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. Each title is further divided into chapters, which usually bear the name of the issuing agency, and then into parts, sections, and paragraphs. The CFR is published annually as a special issue of the Federal Register, with printed volumes issued once each calendar year. It is also published online on the Electronic CFR (eCFR) website, which is updated daily.
| Characteristics | Values |
|---|---|
| Name | Code of Federal Regulations (CFR) |
| First Published | 1938 |
| Published By | Office of the Federal Register |
| Frequency | Annually |
| Format | 50 subject matter titles, chapters, parts, sections, and paragraphs |
| Availability | Print and online (eCFR) |
| Related Publications | Federal Register, United States Code, United States Statutes at Large, Public Law |
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What You'll Learn
The CFR is structured into 50 subject matter titles
The Code of Federal Regulations (CFR) is structured into 50 subject matter titles, which represent broad areas subject to federal regulation. Each title is further divided into chapters, which usually bear the name of the issuing agency. These chapters are then subdivided into parts that cover specific regulatory areas. Large parts may be further broken down into subparts, which are then organised into sections. Most citations to the CFR refer to material at the section level.
The 50 subject matter titles contain one or more individual volumes, which are updated once each calendar year, on a staggered basis. The annual update cycle is as follows: Titles 1–16 are updated as of January 1st; Titles 17–27 are updated as of April 1st; Titles 28–41 are updated as of July 1st; and Titles 42–50 are updated as of October 1st.
The CFR is first promulgated or published in the Federal Register. The Federal Register Act originally provided for a complete compilation of all existing regulations before the first publication of the Federal Register, but was amended in 1937 to provide a codification of all regulations every five years. The first edition of the CFR was published in 1938. From 1963 onwards, the Office of the Federal Register began publishing yearly revisions for some titles, and from 1967 onwards, it did so for all titles. From 1972, the Office of the Federal Register published revisions in staggered quarters.
In addition to the annual edition, the CFR is published online on the Electronic CFR (eCFR) website, which is updated daily. The eCFR is an editorial compilation of CFR material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register and the Government Publishing Office. The Office of the Federal Register also keeps an unofficial, online version of the CFR, which is usually updated within two days after changes have been published in the Federal Register.
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Authorizing statutes and enabling statutes
Authorizing Statutes:
Authorizing statutes are laws that empower federal agencies to issue regulations within a specific sphere. These statutes typically have two parts: a substantive scope and procedural requirements. The substantive scope outlines the purpose or scope of the regulations, while the procedural requirements invoke specific rulemaking requirements, such as the Administrative Procedure Act (APA) and the Paperwork Reduction Act (PRA).
Enabling Statutes:
Enabling statutes, also known as enabling acts, confer new powers on entities or permit actions that were previously prohibited. In the context of administrative law, enabling statutes establish the powers and responsibilities of government agencies. They grant additional authority or responsibility to existing agencies, allowing them to carry out delegated tasks.
Examples:
- The Food and Drug Administration was created through the enabling statute of the Federal Food, Drug, and Cosmetic Act.
- The Farm Service Agency (FSA) and the Commodity Credit Corporation (CCC) programs are authorized by provisions in successive Farm Bills, the Consolidated Farm and Rural Development Act (CONACT), and numerous other laws.
Tracing Federal Regulations:
To understand the statutory authority of a regulation, one can refer to the "authority note(s)" within the Code of Federal Regulations (CFR). These notes cite the specific sections of laws passed by Congress that authorize federal agencies to promulgate rules and regulations. The CFR is structured into 50 subject matter titles, with agencies assigned chapters within these titles. It is published annually and is also available online on the Electronic CFR (eCFR) website, which is updated daily.
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Public laws vs private laws
In the law of the United States, the Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government. The CFR is divided into 50 titles that represent broad areas subject to federal regulation. Each title is further divided into chapters, which usually bear the names of the issuing agencies.
Public laws are laws intended for general application, such as those that apply to the nation as a whole or a class of individuals. Examples of public law include constitutional law, criminal law, and international law. Constitutional law sets out the basic rights of citizens and regulates the relationship between the government and its people. Criminal law is used to handle crimes, while international law helps govern relationships between different nations. Oftentimes, cases in public law affect a large number of people.
Private laws, on the other hand, are enacted for the benefit of a particular individual or small group, such as claims against the government or individual immigration or naturalization matters. Private law deals with issues that are specific to individuals, such as contract negotiations or property disputes. It is also known as civil law, which deals with disputes between private individuals or entities. Cases in private law usually affect only a few people.
Public and Private Laws are available on GovInfo, where they can be found using Basic Search, Advanced Search, or Citation Search.
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CFR citation structure
The Code of Federal Regulations (CFR) is a compilation of rules and regulations established by administrative agencies in the United States. The CFR is structured in a way that facilitates easy navigation and reference to specific regulations.
The CFR is divided into 50 titles, each representing a broad area subject to federal regulation. These include topics such as agriculture, energy, transportation, and labour. Each title is further divided into chapters, which are typically named after the issuing agency. For example, Title 42 refers to regulations issued by the Department of Health and Human Services.
Chapters within the titles are then subdivided into parts, covering specific regulatory areas. These parts may be further broken down into subparts, which are denoted by letters of the alphabet. Each part is organised into sections, with each section containing multiple paragraphs. For instance, 42 C.F.R. § 260.11(a)(1) indicates "title 42, part 260, section 11, paragraph (a)(1)."
A CFR citation typically includes four components: the title number, part number, section number, and year of publication. For example, 21 CFR 310.502 Revised as of April 1, 1997 refers to Title 21, Section 310.502, which was revised on April 1, 1997. This standardised format ensures clarity and consistency across administrative law documents.
The Bluebook format is commonly used for legal citations of the CFR. However, other styles such as MLA, APA, or Chicago may vary in their formatting. When citing the CFR, it is essential to provide pinpoint references, including the title number, page numbers, and, for online sources, a direct URL to facilitate accurate and efficient legal research.
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CFR revision and publication history
The Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the US federal government. The CFR is divided into 50 subject matter titles, which are further broken down into chapters, parts, sections, and paragraphs. The first edition of the CFR was published in 1938. From 1963 onwards, the Office of the Federal Register began publishing yearly revisions for some titles, and from 1967 onwards, it did so for all titles. Since 1972, revisions have been published in staggered quarters.
The CFR is published annually as a special issue of the Federal Register by the Office of the Federal Register and the Government Publishing Office. The Federal Register is a daily publication that constitutes a counterpart to the session laws and is the first place where rules and regulations are promulgated or published. The CFR is also published online on the Electronic CFR (eCFR) website, which is updated daily. The Office of the Federal Register also maintains an unofficial online version of the CFR, the e-CFR, which is usually updated within two days of changes made to the Federal Register.
The printed volumes of the CFR are issued once a year. GovInfo contains titles from 1997 to the present, with select volumes available from 1996. When new editions are added, the previous editions remain on GovInfo as a historical set. The CFR on GovInfo is updated concurrently with the release of the print editions.
Congress frequently delegates authority to an executive branch agency to issue regulations to govern a particular sphere. These statutes are called "authorizing statutes" or "enabling statutes" (or "authorizing legislation"). Authorizing statutes typically have two parts: a substantive scope and procedural requirements. Each law passed is designated as either a public law or a private law. Public laws are designed to affect the general public, while private laws are passed to meet the special needs of an individual or group.
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Frequently asked questions
The Code of Federal Regulations (CFR) is the codification of the general and permanent 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. Each title is further divided into chapters, which usually bear the name of the issuing agency. These chapters are then subdivided into parts that cover specific regulatory areas.
The CFR annual edition is published as a special issue of the Federal Register by the Office of the Federal Register. The printed volumes of the CFR are issued once each calendar year. In addition to this, the CFR is published online on the Electronic CFR (eCFR) website, which is updated daily.
Each law passed is designated as either a public law or a private law. Public laws are designed to affect the general public, while private laws are passed to meet the special needs of an individual or group. To locate a specific statute, you need to understand how a statute is created and how it is cited.
