HOW TO TRACE FEDERAL REGULATIONS
1. THE CFR AND THE FEDERAL REGISTER
1.
Code of Federal Regulations (CFR): Subject codification
of currently
effective federal regulations (published from
1938 on)
--Divided into fifty titles (substantially
paralleling those
of the USC), chapters (covering regulations of an
individual
agency), parts (covering regulations on a particular
subject),
and sections.
--Cited by
title and section: e.g., 49 CFR sec. 1001 cites to
Title 49
(transportation regulations), section 1001 (a regulation
of the
ICC)
--Revised yearly on a quarterly basis:
Titles 1-16 contain
regulations in effect as of January 1; titles
17-27 as of April 1;
titles 28-41 as of July 1; titles 42-50 as of
October 1. Each
annual set, when finally published, replaces
the prior year's CFR
(and is a different color)
2. Federal Register: Daily gazette
publishing all proposed
and final federal regulations, presidential
proclamations and
executive orders, and various regulatory notices
(published 1936
on)
--Cited by volume
and page: e.g., 42 Fed. Reg. 36,000.
--Often
contains background comment and explanation on
proposed and final
regulations (i.e., their "legislative history")
2. I
HAVE A CFR CITE: IS IT STILL "GOOD LAW"?
1. Check the cite in the most current edition
of the CFR.
2. Check the cite in the most
current monthly "LSA: List of
Sections Affected" pamphlet
(at the end of the CFR) for tables,
cumulated from the date of the
last revision of the CFR title,
giving cites to pages in the daily
Federal Register printing new or
proposed regulations affecting CFR
sections.
3. Check the cutoff date of the
LSA pamphlet and then check
the "Lists of Sections
Affected" tables in:
a. The last
Federal Register for each month thereafter
(cumulating references to
changes during that month); and
b. The most
recent Federal Register issue for the current
month (for references
to new changes).
4. Check Shepard's Code
of Federal Regulations Citations to
see if the CFR cite has been
affected by a court decision.
(Some looseleaf
services provide references to citing
administrative agency
decisions.)
3. WHERE CAN I FIND THE REGULATIONS OF
"X" AGENCY?
Check the CFR Index
volume, which is largely arranged by
agency name.
4. WHERE
CAN I FIND REGULATIONS ON A PARTICULAR SUBJECT?
1. The CFR Index
volume: provides some subject access.
2. The
CIS Index to the CFR: provides detailed subject
indexing; often
useful for particular terms.
3. Federal
Register Indexes, cumulated monthly; useful in that
many regulatory
announcements, published in the Federal Register,
do not end up as
regulations in the CFR.
4. Lexis and
Westlaw: Carry the full text of the CFR and the
Federal Register;
often the easiest place to track down distinctive
terms of
phrases.
5. I HAVE A REFERENCE TO A STATUTE; HOW CAN I FIND IF
REGULATIONS
HAVE BEEN ADOPTED UNDER IT?
The CFR Index volume and the more current LSA pamphlets
contain tables
giving cross references from statutes to regulations
adopted under
them. (There are separate tables for statutes in the
USC and
for uncodified statutes in the Statutes at Large: check
both, because
agencies are often inconsistent in citing rulemaking
authority.)
6. I HAVE A REGULATION; HOW CAN I FIND THE STATUTE AUTHORIZING
ITS
ADOPTION?
Check the authority note
located at the beginning of each part
of a title (occasionally an
additional authority note will follow
particular sections) for
citation to authorizing statutes.
7. I HAVE A CFR CITE; HOW CAN
I FIND WHERE THE REGULATION WAS
ORIGINALLY PUBLISHED IN THE FEDERAL
REGISTER?
Check the source note located at
the beginning of
each part of a title (or sometimes after a
particular
section) for this reference; often the Federal Register
will provide useful background material.
A NOTE ON GPO ACCESS
Both the Federal
Register (back to 1994) and the current CFR
are available from the
Government Printing Office homepage, GPO
Access. Its address
is --
http://www.access.gpo.gov/su_docs/ If GPO Access is being balky, try this
alternative routes to
the GPO material:
GPO Gate (Univ. of California): an interface with GPO Access
address:
http://www.gpo.ucop.edu:80/index.html