Code of Federal Regulations Title 1 - General Provisions

Title 1 of the Code of Federal Regulations (CFR), titled "General Provisions," is unique among the 50 titles because it doesn't primarily deal with the regulations of a specific federal agency or a broad subject area like "Agriculture" or "Energy." Instead, it focuses on the rules and procedures related to the Code of Federal Regulations itself, the Federal Register, and the general administrative processes of the federal government.

It's essentially a "how-to" guide and a foundational set of rules for the creation, publication, and accessibility of federal regulations.

Key areas covered in Title 1 - General Provisions include:

Chapter I: Administrative Committee of the Federal Register (Parts 1-49):

Definitions: Defines terms crucial to federal rulemaking, such as "agency," "document having general applicability and legal effect," and "rule."

General Information and Services to the Public: Explains the purpose and nature of Federal Register publications (the daily journal of the U.S. government that publishes proposed and final rules, notices, and presidential documents) and the CFR. It outlines how the public can access these publications and obtain information from the Office of the Federal Register.

The Federal Register: Rules regarding the general requirements for documents published in the Federal Register, including their form, citation, and categories.

Special Editions of the Federal Register: This includes specific rules for the Code of Federal Regulations itself, the United States Government Manual (a guide to federal agencies), and Presidential Papers.

Availability of Publications: How to subscribe to or otherwise obtain Federal Register and CFR publications.

Preparation, Transmittal, and Processing of Documents: Detailed procedures for federal agencies to follow when preparing, submitting, and transmitting documents for publication in the Federal Register, including:

General requirements for documents.

Specific rules for Executive Orders and Presidential Proclamations.

Rules for documents that are subject to codification in the CFR (i.e., general and permanent rules).

Requirements for notices and proposed rules.

Incorporation by Reference (Part 51): This is a very important part that allows agencies to incorporate by reference material into their regulations, rather than publishing the full text of that material in the Federal Register or CFR. This saves space but requires the incorporated material to be reasonably available to the public.

Chapter II: Office of the Federal Register (Parts 50-299): While some parts are reserved, this chapter specifically addresses the Office's role in processing and managing federal documents.

Chapter III: Administrative Conference of the United States (Parts 300-399):

Rules pertaining to the Administrative Conference of the United States (ACUS), which is an independent federal agency dedicated to improving the administrative processes of the U.S. government.

This chapter also includes regulations concerning the Freedom of Information Act (FOIA) and Privacy Act of 1974 as they relate to ACUS's records (e.g., Part 304).

Chapter IV: Miscellaneous Agencies (Parts 400-599):

This chapter contains rules for various smaller or specialized entities that have general applicability, such as:

President's Commission on White House Fellowships (e.g., Part 425)

National Capital Planning Commission (e.g., Parts 455-457)

National Commission for Employment Policy (e.g., Part 500)

In essence, Title 1 provides the foundational legal and procedural rules for:

How federal regulations come into being and are officially published.

The structure and organization of the CFR.

The processes agencies must follow to create and submit their regulations.

Public access to these regulations.

The operations of key bodies involved in improving federal administration.

It's a meta-title of sorts, regulating the regulators and the very system by which federal law is disseminated.

LEAVE A COMMENT

0 comments