Federal Register

1. Federal Register

2. 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.

3. 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 dailyFederal 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.

4. 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

5. 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.

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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.

12. Table of Contents • The Table of Contents is arranged by agency name. • The Table of Contents lists regulations (rules), proposed regulations (rules), and notices. Federal Aviation Administration Flightcrew compartment

13. 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 eachprint issue after the Tableof Contents • Indicates whether documentsaffecting CFR parts areregulations or proposedregulations • Cites the page numberswhere relevant documentsbegin p.2112

14. p. 2112 14 CFR Part 121 Action & Summary The Final Rule (regulation) as published in the Federal Register on January 15, 2002, and amending, among other regulations, 14 CRR 121.313 121.313(f) USCA Authority

15. Reader Aids • Reader Aids section is located at the back of each daily Federal Register issue in print • Contains information on recentregulatory activity and new laws • Includes • CFR parts affected during thecurrent month • Reminders of regulations going intoeffect on the current day andcomments due next week • List of recently enacted public laws • CFR customer service numbers andaddresses Reader Aids 14 CFR 121

16. 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

17. Print Index Pages • This is the cumulative annualFederal Register Index for 2001 • There were 67,702 pagespublished in daily Federal Registerissues in 2001. • There are many Federal AviationAgency actions listed in thisindex, but the final regulationpublished on January 15, 2002,concerning flightcrew compartmentdoors will be in the 2002 issuesof the index. Federal Aviation Administration

18. Finding Documents in PastFederal Register IssuesLSA 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

19. Action and Summary Final Rule as published in the Federal Register on January 15, 2002, and amending, among other regulations, 14 CFR 121.313. USCA Authority 121.313(f)

20. 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.

21. To retrieve a Federal Register document with a known citation, access the Find service and enter67 fr 2112-01. Find Citation

22. Finding Documents with a Natural Language Search Database: FR (Federal Register) Search: security to strengthen flight-crew doors in airplanes The first page of the first document retrieved This is the same rule as found using the print index. The best portion of that document Best

23. 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.

24. 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)

25. Other Tips for Searching the Federal Register (FR) Database on Westlaw • The Unified Agenda compiles agendas prepared semi-annually 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”)

26. 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

27. 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.

28. 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)