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Tutorial 000

This document provides an introduction and overview of the Federal Register and Code of Federal Regulations publication system. It discusses the historical background and legal basis for the FR/CFR, including the Federal Register Act of 1935 and Administrative Procedure Act of 1946, which established requirements for transparency and public participation in the regulatory process. It also summarizes the key stages of federal rulemaking, from the initial congressional authorization through final publication in the CFR.

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154 views13 pages

Tutorial 000

This document provides an introduction and overview of the Federal Register and Code of Federal Regulations publication system. It discusses the historical background and legal basis for the FR/CFR, including the Federal Register Act of 1935 and Administrative Procedure Act of 1946, which established requirements for transparency and public participation in the regulatory process. It also summarizes the key stages of federal rulemaking, from the initial congressional authorization through final publication in the CFR.

Uploaded by

Jason Henry
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Office of the Federal Register National Archives and Records Administration 1999

Introduction

Welcome to the Federal Register Workshop

This program is sponsored by: Office of the Federal Register (OFR),


! http://www.archives.gov/federal_register

National Archives and Records Administration (NARA)


! http://www.archives.gov

Federal Register publications are produced by: OFR and the Government Printing Office (GPO)
! GPO distributes the FR/CFR publication in print, on microfiche and via the World Wide Web at: http://www.access.gpo.gov/nara

Introduction

What topics will this workshop cover ?

Historical background and legal basis of the Federal Register (FR) / Code of Federal Regulations (CFR) publication system The regulatory process and the role of the public Organization of the daily Federal Register and important elements of typical documents
! Proposed Rules, Rules, Notices and Presidential documents

Organization of the CFR and the relationships among Public Laws, the FR and CFR Research tools to find information in print and online publications

Introduction

Historical Background & Legal Basis of the Federal Register / CFR Publication System

Agriculture

7
PARTS 300 TO 399 Revised as of January 1, 1999

Introduction

Why was the Federal Register System Established ?


New Deal legislation of the 1930's delegated responsibility from Congress to agencies to regulate complex social and economic issues Citizens needed access to new regulations to know their effect in advance Agencies and Citizens needed a centralized filing and publication system to keep track of rules Courts began to rule on secret law as a violation of right to due process under the Constitution

Introduction

What Triggers Rulemaking ?


Legislation, Congressional hearings/reports Executive orders and OMB Circulars Court Orders Agencies act on own initiative to carry out mission See the Unified Agenda for regulatory plans Petitions for Rulemaking and informal requests from affected parties Federal Advisory Committee Recommendations Emergency situations, technological developments Political Factors

Introduction

What is the Federal Regulatory Process ?


Legal structure established by the combined requirements of:
!The Federal Register Act !The Administrative Procedure Act (APA) !Many individual laws, such as those affecting health, safety, commerce and the environment

Federal agencies use the regulatory process to issue and enforce legally effective regulations

Introduction

What is the Federal Register Act ?


Enacted: July 26, 1935 Cite: 44 U.S.C. Chap. 15

The Federal Register Act established the basic legal structure of the regulatory system: Central location for filing documents for public inspection The daily Federal Register -- a single, uniform publication for Executive agency rules and notices and Presidential documents The Code of Federal Regulations -- a codification (numerical arrangement) of rules (added in 1937)

Introduction

What is the Effect of Publishing in the Federal Register ?


Provides official notice of a document's existence, its contents and legal effect
! indicates date of issuance and the effective date of actions

Specifies the legal authority of the agency


! delegation of authority from Congress

Gives documents evidentiary status


! makes them admissible in court ! establishes FR text as true copy of original signed document

Shows how and when the CFR will be amended

Introduction

What is the Administrative Procedure Act ?


Enacted: June 11, 1946 Cite: 5 U.S.C. 551 et seq.

Added procedural requirements to ensure: due process (fairness)


Generally:
! Rules cant be enforced if not published in Federal Register ! Rules cant be effective until 30 days after publication ! Must publish statements of organization and procedure for the who and how to contact at the agency

public participation (notice and comment rulemaking)


Agencies:
! Must give notice of proposed rules ! Must take public comments and respond in final rule ! Must state the legal basis and purpose of their actions

Introduction

Comparison of Laws and Rules


Executive Agencies Issue Rules
Publish in Federal Register Codified in CFR Power delegated by Congress Courts review for constitutionality & limits of delegated authority arbitrary and capricious actions Administrative Procedure Act reqs. Participatory Democracy: Agencies must seek and consider public comment on benefits of rules v. burdens and costs Prescribe specific legal requirements to meet goals

Congress Passes Laws


Publish in Slip Law/Statutes at Large Codified in U.S. Code Power comes from Constitution Courts review for constitutionality

Representative Democracy: Congress acts collectively to represent the will of the people

Set broad social and economic goals and legal requirements

Introduction

Overview of Rulemaking Process


! Congress delegates authority directly to agencies ! President may delegate constitutional authority to subordinates ! President or Agency Head may re-delegate authority to subordinates

1. Grant of rulemaking authority

2. Proposed Rule stage


! OMB Reviews under E.O. 12866. ! Agencies publish Proposed Rule in FR for public comment

3. Final Rule stage


! OMB Reviews again under E.O. 12866 ! Agencies publish final rule in FR responds to comments, amends CFR, sets effective date

4. Congressional review
! Agencies submit rules to Congress and GAO (could nullify rule)

5. Effective date
! 30 day minimum, 60 days for major rule, no minimum for good cause

Introduction

The following discussion and examples track a rule from the grant of authority in law to the proposed rule, the final rule, and codification in the CFR

Public Law

Federal Register PROPOSED RULE

Federal Register RULE

Code of Federal Regulations

continue >

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