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The Nature of Data: Introduction to Environmental Analysis, ENVS 2331/DCS 2331: Regulations

The Federal Rulemaking Process and Associated Documents

Federal Rulemaking Process Associated Documents

The Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) reviews only significant rules, and does not review any rules submitted by independent regulatory agencies.

Adapted from Carey, Maeve P. The Federal Rulemaking Process: An Overview. RL32240. Congressional Research Service. June 17, 2013, p. 2; and from Federal Regulations and the Rulemaking Process, Congressional Research Service. CRS In Focus. November 26, 2014.

1. Statutes are published in the United States Statutes at Large.

3. Follow OMB/OIRA (Office of Management and Budget's Office of Information and Regulatory Affairs) review at reginfo.gov.

4. Notices of proposed rules are published in the Federal Register.

5. Public comments are available at regulations.gov.

7. Follow OMB/OIRA (Office of Management and Budget's Office of Information and Regulatory Affairs) review at reginfo.gov.

8. Final rules are published in the Federal Register. ("The Code of Federal Regulations (CFR) [...] is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government." (FDsys))

10. The GAO maintains a list of congressional resolutions of disapproval.

What is the difference between ....?

  Laws
(enacted by Congress)
Rules/regulations
(from the Executive branch)
Organized in chronological order United States Statutes at Large Federal Register (FR)
In force at a given time, organized by subject matter United States Code (USC) Code of Federal Regulations (CFR)

Examples

FR and CFR often make reference to United States Code, United States Statutes at Large, or Public Laws

Code of Federal Regulations (CFR):
Title 40 pertains to Protection of the Environment.
Title 50 pertains to Wildlife and Fisheries.
United States Code (USC):
Title 16 pertains to Conservation.

82 FR 39762 (2017):
"NMFS is publishing its draft List of Foreign Fisheries (LOFF) for 2017, as required by the regulations implementing the Fish and Fish Product Import Provisions of the Marine Mammal Protection Act (MMPA). The draft LOFF reflects available information on marine mammal interactions in commercial fisheries exporting fish and fish products to the United States."

40 CFR §1800.100 (2016):
"This subpart establishes the formula applicable to the Spill Impact Component authorized under the RESTORE Act (Pub. L. 112-141, 126 Stat. 405, 588-607)."

50 CFR §230.1 (2016):
"The purpose of the regulations in this part is to implement the Whaling Convention Act (16 U.S.C. 916 et seq.) by prohibiting whaling except for aboriginal subsistence whaling allowed by the International Whaling Commission."

50 CFR §648.4 (2016):
AUTHORITY: 16 U.S.C. 1801 et seq.
"To possess or land up to 200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) inshell scallops per trip, or to possess up to 50 bu (17.6 hL) seaward of the VMS demarcation line in the NGOM Scallop Management Area, a vessel must have been issued a Northern Gulf of Maine LAGC scallop permit (NGOM scallop permit)"

CFR Titles

Code of Federal Regulations (CFR), Table of Contents (2017)

Title 1    General Provisions

Title 2    Grants and Agreements

Title 3    The President

Title 4    Accounts

Title 5    Administrative Personnel

Title 6    Domestic Security

Title 7    Agriculture

Title 8    Aliens and Nationality

Title 9    Animals and Animal Products

Title 10    Energy

Title 11    Federal Elections

Title 12    Banks and Banking

Title 13    Business Credit and Assistance

Title 14    Aeronautics and Space

Title 15    Commerce and Foreign Trade

Title 16    Commercial Practices

Title 17    Commodity and Securities Exchanges

Title 18    Conservation of Power and Water Resources

Title 19    Customs Duties

Title 20    Employees' Benefits

Title 21    Food and Drugs

Title 22    Foreign Relations

Title 23    Highways

Title 24    Housing and Urban Development

Title 25    Indians

Title 26    Internal Revenue

Title 27    Alcohol, Tobacco Products and Firearms

Title 28    Judicial Administration

Title 29    Labor

Title 30    Mineral Resources

Title 31    Money and Finance: Treasury

Title 32    National Defense

Title 33    Navigation and Navigable Waters

Title 34    Education

Title 35    Panama Canal [Reserved]

Title 36    Parks, Forests, and Public Property

Title 37    Patents, Trademarks, and Copyrights

Title 38    Pensions, Bonuses, and Veterans' Relief

Title 39    Postal Service

Title 40    Protection of Environment

Title 41    Public Contracts and Property Management

Title 42    Public Health

Title 43    Public Lands: Interior

Title 44    Emergency Management and Assistance

Title 45    Public Welfare

Title 46    Shipping

Title 47    Telecommunication

Title 48    Federal Acquisition Regulations System

Title 49    Transportation

Title 50    Wildlife and Fisheries

 

A Title , in this case, is a "subdivision of a statute or code". (Black's Law Dictionary)

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