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FEDERAL RULES AND REGULATIONS

An Overview

Congress delegates to federal departments and agencies the power to issue rules and regulations which implement statutes and have the full force of law. Statutes are usually broad in scope while rules are detailed "nuts and bolts." As required by the Federal Register Act of 1935 and its amendments, new rules must first appear in the daily Federal Register (KF70.A2), and all "in force" rules must appear annually in the Code of Federal Regulations (CFR)(KF70.A3). The CFR is the preferred source because of its index, "in force" status, and subject arrangement into 50 broad titles. However, because it is revised only once a year with new rules added and obsolete ones deleted, it must always be updated in the recent issues of the Federal Register.

The Federal Register contains both proposed and final rules, as well as public notices, presidential documents, and notices of Sunshine Act meetings. It has many thousands of pages each year. The CFR contains only final rules in force, regardless of when they were originally issued. Both publications are copiously cross-referenced to each other, so that it is easy to trace the history of a rule from its proposal through its latest change

Title 3 of the CFR is unique. Because it contains presidential executive orders and proclamations in chronological rather than codified order, all volumes of Title 3 are shelved with the current CFR.

How to Use the Code of Federal Regulations

How to Find a Regulation by Subject

The official annual CFR Index and Finding Aids (KF70.A31) is the most up-to-date, single volume index available. However, a substantially more comprehensive index is the multi-volume Index to the Code of Federal Regulations (KF70.A34. I46), published by the Congressional Information Service and issued annually.

How to Find a Regulation by its Citation

20 C.F.R. ' 404.946(a) (1996) refers to Title 20, Part 404, Section 404.946, and Paragraph (a) of the 1996 CFR. The number after the period is a non-decimal whole number (e.g., 946 comes before 9300). The cover of each CFR volume lists its title number, inclusive parts, broad subject, and revision date. Although not part of its citation, Chapters (I, II, III, etc.) and Subchapters (A, B, C, etc.) appear in the CFR to group regulations by a single issuing agency.

How to Find a Regulation by its Statute

To find a regulation implementing a given statute, look in the "Parallel Table of Authorities and Rules" in the official CFR Index and Finding Aids (KF70.A3). Check under the U.S. Code citation for the CFR citation. Also, the editorial notes in the U.S.Code, U.S. Code Annotated, and U.S. Code Service sometimes refer to CFR sections.

How to Find a Statute by its Regulation

To find a statute authorizing a given regulation, look in the CFR or the Federal Register for the heading, "Authority," near the beginning of the regulation. The USC citation follows. Reading the statute will help in understanding the rule in its broader legislative context.

How to Update the CFR Using Print Resources

  1. Look at the current CFR volume in question and note its revision date on the cover.
  2. Check the title page of the most recent monthly pamphlet, List of CFR Sections Affected (LSA)(KF70.A34.C6), to make sure that its beginning date of coverage coincides with the revision date in step 1. Look for page references to the Federal Register affecting the CFR section. Note the latest date covered by the LSA.
  3. To update the latest LSA, check the List of CFR Parts Affected in the Federal Register itself. The List appears in every issue of the Federal Register but cumulates only from the first of the month through the last day of the same month. Therefore, check the last issue of every completed month and the latest issue of the current month. For example, if the LSA is current through March 31, 2001, and today is June 15, 2001, check the List in the Federal Register for April 30, May 31, and June 15.
  4. Locate the issues of the Federal Register containing the page numbers identified in steps 2 and 3.
  5. If the Library has not received the most recent issues of the Federal Register, they may be searched on Lexis, Westlaw, or the e-CFR. See below under "online."

How to Find Cases Citing the CFR

No annotated code exists for the CFR. However, consult Shepard's Code of Federal Regulations Citations (KF78.S54) to obtain a list of citing cases. Also, consider using the elements of a CFR citation in a search on Lexis or Westlaw.

Where to Locate Federal Rules and Regulations in Biddle Law Library

Print

  • CFR (KF70.A3). Current volumes, previous three years, and all of Title 3 (1936-date) are in Biddle, Fourth Floor. Earlier years are accessible via Hein Online.
  • Federal Register (KF70.A2). Current issues and three previous years are in Biddle, Fourth Floor. Earlier years (back to 1936) are kept in the Lewis Collection in Silverman Hall; ask at the Circulation Desk.
  • LSA (KF70.A34.C6). Full set (1973-date) in Biddle, Fourth Floor.
  • Looseleaf - Many looseleaf services, such as the CCH and RIA tax services, contain current federal regulations relevant to the subject of the looseleaf.

    • Microfiche

  • CFR (1982-1988) in the Microforms Room, Second Floor.
  • Federal Register (1966-date) in the Microforms Room, Second Floor.

    • Online

    GPO Access:

  • CFR: (1996-date)
  • Federal Register: (1994-)
  • Weekly Compilation of Presidential Documents: (1993-)

    • Lexis:

  • Current CFR (updated every two weeks)
  • CFR Archive (1981-2004)
  • Federal Register (July 1, 1980-date)
  • Executive branch materials, Executive Orders (July 1, 1980-date)
  • Executive branch materials, public papers of the presidents (March 24, 1979 forward)

    • Westlaw:

  • Current CFR (updated every 2 months)
  • CFR84, 85, 86, etc - CFR (1984, 1985, 1986, etc. through the current year)
  • FR - Federal Register (July 1, 1980-date)
  • PRES - Executive Orders (1936-date) and other presidential documents appearing in 49 F.R., et. seq. (Jan. 1984 to date)

    • FURTHER INFORMATION

    The Office of the Federal Register has issued a handbook: The Federal Register: What It Is and How to Use It (REF/KF240.F5 1993). A detailed discussion may be found in Robert C. Berring's Finding the Law, 12th Edition, Chapter 8, dealing with rules and regulations (READY REF/KF240.B45/2005).