Transcript Federal Register

Federal Register
Background
• Federal legislation in the 1930s began addressing
numerous economic and social problems.
• Federal agencies were created to formulate the regulations
that were to implement congressional intent.
• The public needed notice of the regulations that would help
govern their lives as these new regulations went into effect.
• Courts began to rule that these “secret laws” were a
violation of right of due process under the Constitution.
• A centralized filing and publication system was needed.
The Federal Register Act
• The Federal Register Act was enacted July 26, 1935.
• The Federal Register Act is codified in Title 44, Chapter
15, of the United States Code Annotated®(USCA®).
• It provides for a daily Federal Register to publish
executive agency regulations and notices and presidential
documents.
• The act was amended in 1937 to create Code of Federal
Regulations, which arranges the regulations by
government agency.
Publication in the Federal Register
– Provides official notice of a regulation’s existence,
contents, and legal effect (constructive notice)
– Establishes the Federal Register text as true copy of
original signed document
– Specifies the legal authority of the agency
– Gives regulations evidentiary status so they are
admissible in court
– Shows how and why the Code of Federal Regulations
will be amended
The Administrative Procedure Act
• The Administrative Procedure Act (APA) was enacted June
11, 1946.
• The APA is codified in Title 5 of the USCA, sections 551,
et seq.
• The APA provides that due process and public participation
requirements must be met in the promulgation of a new
regulation as published in the Federal Register.
The Administrative Procedure Act
Due process and public participation requirements
– Must give notice of proposed rule
– Must take public comments and respond in final rule
– Regulations cannot be enforced if not published in the
Federal Register
– Regulations cannot be effective until 30 days after
publication
– Must publish statements of the organization and
procedure for whom to contact for comment in the
agency
– Must state the legal basis and purpose of the regulation
Federal Register
• Published every week day, except federal holidays
• All daily issues from a year constitute a single volume with
consecutive pagination throughout the year
• A single issue contains about 300 pages
• Annual volumes of the Federal Register can exceed
60,000 pages
• Contents are required to be judicially noticed by 44 USCA
1507
In Each Issue of the Federal Register
• Table of Contents
• CFR Parts Affected section
• Presidential Proclamations, Executive Orders,
Reorganization Plans, and Administrative Orders
• Agency Final Rules, Proposed Rules and Notices.
• Sunshine Act Meeting notices
• Unified Agenda of Federal Regulations
• Reader Aids
Order of Material in Each Issue of the Federal
Register
• Presidential documents (Executive Orders, proclamations,
and other documents)
• Rules and regulations (having legal effect)
• Proposed rules and regulations (text as well as regulatory
agendas and notices of hearings)
• Notices (announcements of application deadlines or license
revocations)
• Notices of Sunshine Act meetings
Presidential Documents Published in the
Federal Register
• Executive Orders must be published in the Federal
Register
– Direct agencies to manage operations
– Numbered consecutively
– Reprinted annually in 3 CFR but not codified
• Proclamations must be published in the Federal Register
– Ceremonial proclamations that recognize special
occasions
– Substantive proclamations that relate to international
trade, export controls, tariffs, or reservation of federal
lands
– Reprinted annually in 3 CFR but not codified
• Administrative Orders and miscellaneous documents’
publication is optional
Executive Orders can be
retrieved using the Find
command. For example,
access the Find service and
enter EO 12866
Note that this Executive Order is included in the Federal Register
(FR) database on Westlaw®. Executive Orders are also included
in the Presidential Documents (PRES) database on Westlaw.
Table of Contents
Federal Aviation Administration
Flightcrew compartment
• The Table of Contents is arranged by agency name.
• The Table of Contents lists regulations (rules), proposed
regulations (rules), and notices.
CFR Parts Affected in This Issue
• CFR Parts Affected in This Issue lists document in
numerical order by CFR title and part
• Appears at the front of each
print issue after the Table
of Contents
p.2112
• Indicates whether documents
affecting CFR parts are
regulations or proposed
regulations
• Cites the page numbers
where relevant documents
begin
p. 2112
14 CFR Part 121
Action &
Summary
121.313(f)
USCA Authority
The Final Rule (regulation) as published in the Federal
Register on January 15, 2002, and amending, among other
regulations, 14 CRR 121.313
Reader Aids
• Reader Aids section is located at the back of each daily
Federal Register issue in print
• Contains information on recent
Reader Aids
regulatory activity and new laws
• Includes
– CFR parts affected during the
current month
14 CFR 121
– Reminders of regulations going into
effect on the current day and
comments due next week
– List of recently enacted public laws
– CFR customer service numbers and
addresses
Federal Register
Finding Documents in Past
Federal Register Issues;
Indexes
• Federal Register Index
– issued quarterly
– annual cumulative issue
• Central Index System (CIS) Federal Register Index
• Use the Federal Register indexes to find regulations that
were issued after the date of the most recent volume of the
Code of Federal Regulations for that agency
• Daily Federal Register Index to CFR Parts Affected during
the current month
Print Index
• This is the cumulative annual
Federal Register Index for 2001
• There were 67,702 pages
published in daily Federal Register
issues in 2001.
• There are many Federal Aviation
Agency actions listed in this
index, but the final regulation
published on January 15, 2002,
concerning flightcrew compartment
doors will be in the 2002 issues
of the index.
Federal Aviation Administration
Pages
Finding Documents in Past
Federal Register Issues
LSA
LSA (List of CFR Sections Affected)
– Printed each month
– Keyed to CFR parts and sections
– Online at www.access.gpo.gov/nara/lsa/aboutlsa.html
121.313
Title 14
Action and
Summary
USCA Authority
121.313(f)
Final Rule as published in the Federal Register on January
15, 2002, and amending, among other regulations, 14 CFR
121.313.
Finding Documents in the Federal Register
Database (FR) on Westlaw
• Use a Find request when you know issue and page number
of a Federal Register document
• Westlaw searches in the FR database
– Natural Language searching works well.
– Use Terms and Connectors field searches when you
need to retrieve a specific document(s) or have specific
criteria as to agency and nature of document.
• Federal Register issues go online the same day that they
appear in print.
• Westlaw coverage in FR begins with July, 1980.
To retrieve a Federal Register document with a known
citation, access the Find service and enter 67 fr 2112-01.
Find
Citation
Finding Documents with a Natural Language Search
Database: FR (Federal Register)
Search: security to strengthen flight-crew doors in airplanes
This is the
same rule as
found using
the print index.
The best portion of
that document
The first page of the first
document retrieved
Best
Terms and Connectors
Other ways to retrieve the same update to a CFR part
– Database: FR
– Terms & Connectors search: pr(14 & “part 121”) &
flight-crew /s door /p 121. 313
Section No.
Title & Part Nos.
To find recently proposed regulations (rule) by an agency
–Database: FR
–Search: pr(“aviation administration” & proposed /4 rule)
& flight-crew /s door & da(aft 2002)
Other Tips for Searching the Federal Register
(FR) Database on Westlaw
• The Unified Agenda compiles agendas prepared semiannually by Cabinet departments, other executive agencies
and independent agencies. Each agenda includes
regulations to be reviewed in the upcoming year and
regulatory activity completed in the past year.
• To retrieve a Unified Agenda from a specific agency:
– pr(“unified agenda” & “aviation administration”)
Other Tips for Searching the Federal Register
(FR) Database on Westlaw
Useful Fields
• The prelim field (PR) contains the type of document, the
issuing agency and any sub-agency, docket numbers,
affected portions of the CFR, and other preliminary
materials
• The caption field (CA) contains the subject matter of the
document
• The summary field (SU) contains a summary of the
document, if available
• The image field (IM) is a browsable field that shows which
images are available for offline printing
Table of Contents on Westlaw
• The current date and the last three dates of the Table of
Contents appears automatically when you access the Federal
Register Table of Contents database on Westlaw.
• You can perform a word search for other dates’ Table of
Contents by editing the search.
– Database: FR-TOC (Federal Register Table of Contents)
– Query: da(1/15/2002) & aviation
– Documents are arranged as they are in the print Table of
Contents.
Parts Affected on Westlaw
The preliminary field of each document in the FR database on
Westlaw references the CFR part(s) affected.
Database: FR
Query: pr(14 /5 part /5 121)