Federal Register

Last updated
Federal Register
Cover of the Federal Register.jpg
Cover
TypeDaily official journal
Publisher Office of the Federal Register
FoundedJuly 26, 1935 (1935-07-26)
LanguageEnglish
HeadquartersUnited States
ISSN 0097-6326
OCLC number 1768512
Website archives.gov/federal-register
Free online archives federalregister.gov

The Federal Register (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. [1] It is published every weekday, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated annually.

Government gazette Periodical publication that has been authorised to publish public or legal notice

A government gazette is a periodical publication that has been authorised to publish public or legal notices. It is usually established by statute or official action and publication of notices within it, whether by the government or a private party, is usually considered sufficient to comply with legal requirements for public notice.

Federal government of the United States National government of the United States

The federal government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories and several island possessions. The federal government is composed of three distinct branches: legislative, executive and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.

Federal holidays in the United States

In the United States, a federal holiday is an authorized holiday which has been recognized by the US government. Every year on a U.S. federal holiday, non-essential federal government offices are closed, and every federal employee is paid for the holiday. Private-sector employees required to work on a legal holiday may receive holiday pay in addition to their ordinary wages.

Contents

The Federal Register is compiled by the Office of the Federal Register (within the National Archives and Records Administration) and is printed by the Government Publishing Office. There are no copyright restrictions on the Federal Register; as a work of the U.S. government, it is in the public domain. [2]

The Office of the Federal Register is an office of the United States government within the National Archives and Records Administration.

National Archives and Records Administration independent agency of the United States government which preserves and provides access to federal records

The National Archives and Records Administration (NARA) is an independent agency of the United States government charged with the preservation and documentation of government and historical records. It is also tasked with increasing public access to those documents which make up the National Archive. NARA is officially responsible for maintaining and publishing the legally authentic and authoritative copies of acts of Congress, presidential directives, and federal regulations. NARA also transmits votes of the Electoral College to Congress.

The United States Government Publishing Office is an agency of the legislative branch of the United States federal government. The office produces and distributes information products and services for all three branches of the Federal Government, including U.S. passports for the Department of State as well as the official publications of the Supreme Court, the Congress, the Executive Office of the President, executive departments, and independent agencies.

Contents

The Federal Register provides a means for the government to announce to the public changes to government requirements, policies, and guidance.

Regulation is an abstract concept of management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example:

Executive order Federal administrative instruction issued by the President of the United States

In the United States, an executive order is a directive issued by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the president some degree of discretionary power.

Both proposed and final government rules are published in the Federal Register. A Notice of Proposed Rulemaking (or "NPRM") typically requests public comment on a proposed rule and provides notice of any public meetings where a proposed rule will be discussed. The public comments are considered by the issuing government agency, and the text of a final rule along with a discussion of the comments is published in the Federal Register. Any agency proposing a rule in the Federal Register must provide contact information for people and organizations interested in making comments to the agencies and the agencies are required to address these concerns when it publishes its final rule on the subject.

The notice and comment process, as outlined in the Administrative Procedure Act, gives the people a chance to participate in agency rulemaking. Publication of documents in the Federal Register also constitutes constructive notice, and its contents are judicially noticed. [3]

In administrative law, rule-making is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.

Constructive notice is the legal fiction that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it.

Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue. Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, and they are even admitted if one party wishes to lead evidence to the contrary.

The United States Government Manual is published as a special edition of the Federal Register. Its focus is on programs and activities. [4]

The United States Government Manual is the official handbook of the federal government, published annually by the Office of the Federal Register and printed and distributed by the United States Government Publishing Office. The first edition was issued in 1935; before the 1973/74 edition it was known as the United States Government Organization Manual.

Format

Each daily issue of the printed Federal Register is organized into four categories:

Citations from the Federal Register are [volume] FR [page number] ([date]), e.g., 71 FR 24924 (Apr. 7, 2006).

The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and re-published (or "codified") in the Code of Federal Regulations (CFR), which is updated annually.

Availability

Copies of the Federal Register may be obtained from the U.S. Government Publishing Office. Most law libraries associated with an American Bar Association–accredited law school will also have a set, as will federal depository libraries. [5]

Free sources

The Federal Register has been available online since 1994. Federal depository libraries within the U.S. also receive copies of the text, either in paper or microfiche format. Outside the U.S., some major libraries may also carry the Federal Register.

As part of the Federal E-Government eRulemaking Initiative, the web site Regulations.gov was established in 2003 to enable easy public access to agency dockets on rulemaking projects including the published Federal Register document. The public can use Regulations.gov to access entire rulemaking dockets from participating Federal agencies to include providing on-line comments directly to those responsible for drafting the rulemakings. To help federal agencies manage their dockets, the Federal Docket Management System (FDMS) was launched in 2005 and is the agency side of regulations.gov.

In April 2009, Citation Technologies created a free, searchable website for Federal Register articles dating from 1996 to the present. [6]

GovPulse.us, [7] a finalist in the Sunlight Foundation's Apps for America 2, [8] provides a web 2.0 interface to the Federal Register, including sparklines of agency activity and maps of current rules.

On July 25, 2010, the Federal Register 2.0 [9] website went live. [10] The new website is a collaboration between the developers who created GovPulse.us, the Government Publishing Office and the National Archives and Records Administration.

On August 1, 2011, the Federal Register announced a new application programming interface (API) to facilitate programmatic access to the Federal Register content. The API is fully RESTful, utilizing the HATEOAS architecture with results delivered in the JSON format. Details are available at the developers page [11] and Ruby and Python client libraries are available.

In addition to purchasing printed copies or subscriptions, the contents of the Federal Register can be acquired via several commercial databases:

History

The Federal Register system of publication was created on July 26, 1935, under the Federal Register Act. [3] [13] The first issue of the Federal Register was published on March 16, 1936. [14] In 1946 the Administrative Procedure Act required agencies to publish more information related to their rulemaking documents in the Federal Register. [15]

On March 11, 2014, Rep. Darrell Issa introduced the Federal Register Modernization Act (H.R. 4195), a bill that would require the Federal Register to be published (e.g., by electronic means), rather than printed, and that documents in the Federal Register be made available for sale or distribution to the public in published form. [16] The American Association of Law Libraries (AALL) strongly opposed the bill, arguing that the bill undermines citizens' right to be informed by making it more difficult for citizens to find their government's regulations. [17] According to AALL, a survey they conducted "revealed that members of the public, librarians, researchers, students, attorneys, and small business owners continue to rely on the print" version of the Federal Register. [17] AALL also argued that the lack of print versions of the Federal Register and CFR would mean the 15 percent of Americans who don't use the internet would lose their access to that material. [17] The House voted on July 14, 2014, to pass the bill 386–0. [18] [19]

See also

Notes

  1. 44 U.S.C.   § 1505
  2. 1 C.F.R. 2.6 ; "Any person may reproduce or republish, without restriction, any material appearing in any regular or special edition of the Federal Register."
  3. 1 2 Kohlmetz 1948, p. 58.
  4. 1 C.F.R. 9.1
  5. "FDLP Library Directory". Catalog of U.S. Government Publications. Archived from the original on 2009-05-09.
  6. "Federal Register – Rules, notices, proposed rules". FederalRegister.com. Archived from the original on 2010-01-02.
  7. govpulse.us Archived 2010-01-06 at the Wayback Machine
  8. "Apps for America 2: The Data.gov Challenge". Sunlight Labs. Archived from the original on January 28, 2011. Retrieved January 30, 2011.
  9. federalregister.gov Archived 2010-12-24 at the Wayback Machine
  10. "Meet the New Federal Register". Sunlight Foundation. Archived from the original on June 2, 2013. Retrieved January 30, 2011.
  11. "Reader Aids". Federal Register. Archived from the original on November 29, 2018. Retrieved December 16, 2018.
  12. "Welcome to CyberRegs". CyberRegs. Archived from the original on July 8, 2011. Retrieved January 30, 2011.
  13. Pub.L.   74–220 , 49  Stat.   500 , enacted July 26, 1935. 44 U.S.C. ch. 15.
  14. "A Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register March 14, 1936" (PDF). National Archives and Records Administration. Archived (PDF) from the original on 11 June 2014. Retrieved 13 February 2014.
  15. 5 U.S.C.   § 551
  16. "H.R. 4195 – Summary". United States Congress. Archived from the original on 15 July 2014. Retrieved 14 July 2014.
  17. 1 2 3 "The Federal Register and Code of Federal Regulations" (PDF). American Association of Law Libraries. Archived from the original (PDF) on 15 July 2014. Retrieved 14 July 2014.
  18. Medici, Andy (15 July 2014). "House passes bills to change TSP default fund, extend whistleblower protections". Federal Times. Archived from the original on 26 July 2014. Retrieved 21 July 2014.
  19. "H.R. 4195 – All Actions". United States Congress. Archived from the original on 27 July 2014. Retrieved 14 July 2014.

Related Research Articles

A notice of proposed rulemaking (NPRM) is a public notice issued by law when one of the independent agencies of the United States government wishes to add, remove, or change a rule or regulation as part of the rulemaking process. It is an important part of United States administrative law which facilitates government by typically creating a process of taking of public comment. This nomenclature is also utilized at the state level.

<i>Code of Federal Regulations</i> law code

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations published in the Federal Register 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.

United States federal administrative law encompasses statutes, common law, and directives issued by the Office of Information and Regulatory Affairs in the Executive Office of the President, that together define the extent of powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets.

Electronic rulemaking is the use of digital technologies by government agencies in the rulemaking and decision making processes of the United States. An interdisciplinary electronic rulemaking research community has formed as a result of National Science Foundation funding under the auspices of the Digital Government Program. Groups such as the Cornell E-Rulemaking Initiative (CeRI) have been focused on researching how technologies such as Web 2.0 can help foster greater public participation in the political process, specifically, in Federal Agencies’ rulemaking.

Negotiated rulemaking is a process in American administrative law, used by federal agencies, in which representatives from a government agency and affected interest groups negotiate the terms of a proposed administrative rule. The agency publishes the proposed rule in the Federal Register and then follows the usual rulemaking procedure of soliciting public comments, which are evaluated for inclusion in the final rule.

The Administrative Law, Process and Procedure Project is a bipartisan undertaking of the Committee on the Judiciary of the House of Representatives of the United States Congress. It consists of a comprehensive study of the state of administrative law, process and procedure in the United States. A description of the Project was included in the Judiciary Committee's Oversight Plan for the 109th Congress, as approved by the Committee on January 26, 2005. The Project will culminate with the preparation of a detailed report with recommendations for legislative proposals and suggested areas for further research and analysis to be considered by the Administrative Conference of the United States (ACUS). House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-WI) and Ranking Member John Conyers (D-MI) requested the Congressional Research Service (CRS) to assist Representative Chris Cannon (R-UT), the Chairman of the Subcommittee on Commercial and Administrative Law (CAL), in conducting the Project.

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The California Code of Regulations is the codification of the general and permanent rules and regulations announced in the California Regulatory Notice Register by California state agencies. Such rules and regulations are reviewed, approved, and made available to the public by the Office of Administrative Law (OAL), and are also filed with the Secretary of State.

Public comment is a public meeting of government bodies which set aside time for public comments, usually upon documents. Such documents may either be reports such as Draft Environmental Impact Reports (DEIR's) or new regulations. There is typically a notice which is posted on the web and mailed to lists of interested parties known to the government agencies. If there is to be a change of regulations, there will be a formal notice of proposed rulemaking.

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Administrative Procedure Act (United States) US federal statute regarding regulation making by administrative agencies

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<i>California Regulatory Notice Register</i>

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Federal Register Modernization Act

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Waters of the United States Regulatory Overreach Protection Act of 2014 United States legislation

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References