Regulations, created by administrative agencies, are primary legal materials. Rules and regulations of federal agencies are first published in the Federal Register, which comes out each business day, except federal holidays. Regulations are eventually published in the Code of Federal Regulations (CFR), which is a subject compilation of the rules and regulations in effect at the time of its publication. This guide offers more information about the Federal Register and the CFR and how to locate them.
Regulations.gov
Regulations.gov, while not an official source of administrative rules, provides an online portal for access to agency rulemaking documents, including proposed rules, public comments submitted in regard to proposed rules, final rules, amendments, notices, guidance, adjudications, The Unified Agenda and Regulatory plan, and docket information.
How to use: keyword searching across all types of materials (dockets, documents, and comments), browse by comment due dates, recent posts, dockets, list of participating agencies at bottom of webpage.
After finding proposed rule, the Federal Register pdf is at the bottom, there's a browse comments tab, and an option to view docket and other documents.
The docket page will provide links to other available documents in the docket including, related notices, NPRMs, meeting transcripts, reports, studies, and comments to the documents.
*Caveat: Not every agency participates in Regulations.gov.
The Federal Register is the official publication of the executive branch. It is published daily and contains final regulations, proposed regulations, and notices of federal agencies and departments. It also includes presidential documents including executive orders and proclamations.
When a notice of proposed rulemaking or a proposed rule is printed in the Federal Register, the agency states why the rule is needed and under what "authority" (enabling act) the rule is being promulgated. Names and telephone numbers of agency contacts are given so that the agency can receive comments on the proposed rule. When the final rule is published in the Federal Register, a statement is typically included that summarizes the comments received on the rule and states any changes in the final rule. There is also a citation to the Federal Register where the proposed rule was printed.
The "Unified Agenda" is published in the Federal Register in October and April of each year. The "Agenda" is a good place to review and prepare for any regulatory activity. Within the "Agenda," each agency lists the following information:
GovInfo.gov
The federal government’s GovInfo website provides access to the Federal Register starting with 1936. It also has a Federal Register Index.
FederalRegister.gov
This website, a joint project between the Office of the Federal Register of the National Archives and Records Administration and the U.S. Government Publishing Office, provides access to the Federal Register and information on the rule-making process. It also has a Federal register Index.
How to use: search by citation, subject (topic headings with key terms selected by agencies), agency, or keyword/full text. Set up email alerts on searches.
If you are interested in Federal Register documents on a certain topic, you can browse topic headings (key terms selected by agencies); select from the alphabetical list, or use the topic filter box.
If you enter a Federal Register citation in the search box of FederalRegister.gov, even if the page number is not the first page of the final proposed rule, the site will provide a link to that rule's page at the top of your results list.
You can also limit your results by type, agency, topic, section, and date.
Each page will provide information about what type of document you are viewing (proposed rule, rule, notice, presidential document, etc.), action history, publication date information, and citation information.
Note particularly the Regulation Identifier Number (RIN)
Document Number
Docket Number, retained by an agency
The Code of Federal Regulations (CFR) contains the general and permanent regulations of the agencies and executive departments of the federal government. It is divided into 50 Titles, which each corresponding to a major subject area. The individual titles are arranged into chapters according to the issuing agency. The chapters are then divided into parts, which are further divided into sections.
eCFR
The federal government’s eCFR website provides a compilation of CFR material and Federal Register amendments. It is updated daily. It is NOT an "official legal edition" of the CFR.
How to use: browse by title, keyword searching, citation
GovInfo.gov
The federal government’s GovInfo website provides access to the historical CFR starting with 1996. The CFR on GovInfo is only as current as the published print version of the CFR, which is updated once yearly. GovInfo also has the List of CFR Sections Affected (LSA) available, which provides a cumulative list of CFR sections that have been changed at any time since each CFR title was last updated.
How to use: browse items by category (regulatory information), advanced keyword searching, or by citation. If you browse by category, select regulatory information to find CFR, FR, FR Index, and List of CFR Sections Affected.
1.Locate the statutory or constitutional provision creating the agency or granting the agency authority to act. Use an annotated statutory code to assist in determining whether the agency acted within the grant of power.
2. Locate the text of the relevant rule in the Code of Federal Regulations. If accessible, use an electronic source, such as Westlaw, Lexis, or the e-CFR, which incorporate changes as they appear in the Federal Register. If you are researching in print, you will need to follow the steps below to make sure you have located the most recent regulatory authority. .
3. Check the Federal Register to find any proposed changes.
4. Locate agency and judicial decisions applying the rule in similar circumstances. You can find agency decisions on HeinOnline, Lexis, Westlaw, and agency websites.
Locate Regulation in CFR by citation
Find Statutory Authority: Authority Notes - can be found at the beginning of a larger unit of the CFR, such as a Part, and/or each Subpart
Find Regulatory History: Source Notes (find the final rule(s) in the Federal Register) - can be found at the beginning of a larger unit of the CFR, such as a Part or Subpart; if any amendments have been made, or a section has been added at a later date, a source note will appear in brackets following that section. A source note will typically lead you to that regulation's "final rule" publication in the Federal Register, and specifically to the page where your section appears.
Use Identifying Numbers to find more related documents