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Important Information for the User

What is the e-CFR?

  • The Electronic Code of Federal Regulations (e-CFR) is a prototype of a currently updated version of the Code of Federal Regulations (CFR). The e-CFR prototype is a demonstration project. It is not an official legal edition of the CFR.
  • The OFR updates the material in the e-CFR on a frequent basis. See the e-CFR home page for the current update status.

How does the e-CFR function?

  • The e-CFR consists of two linked databases: the "current Code" and "amendment files." The OFR updates the current Code database according to the effective dates of amendments published in the Federal Register.
  • As amendments become effective, the OFR integrates the changes into the current Code database to display the full text of the currently updated CFR.
  • For future-effective amendments, the OFR inserts hypertext links into the affected sections or parts of the current Code to take users to the pertinent amendment files. The amendment files contain amendatory instructions, the text of amendments (if any) and their effective dates.
  • If the effective date of a regulation falls on a weekend or federal holiday, the amendments will be integrated into the current Code on the next federal business day.

What special rules and procedures apply to display of future amendments and effective dates in the e-CFR?

  • Publication of amendments and editorial information. The amendment files show amendments as they appeared in the Federal Register. Additional editorial information not published in the Federal Register appears within brackets.
  • Historical information in amendment files. The amendment files include some amendments that have already been integrated into the current Code database of e-CFR. Be sure to read the effective date information thoroughly.
  • Exercise caution in researching amendment files. Future-effective amendments in the linked amendment files do not always become effective as originally stated in the Federal Register. Agencies may delay or withdraw future-effective amendments before the effective date of the regulations. We advise users to check the e-CFR on the day after a regulation is scheduled to go into effect to be certain that the agency did not publish a delay or withdrawal document in the Federal Register.
  • Temporary rules and other uncodified rulemaking actions. The e-CFR (like the annual editions of the CFR) does not include, or link to "temporary rules" and other regulations that will be in effect for less than one year. The e-CFR also does not link to Federal Register documents that do not change the text or effective date of regulations. These include waivers, most interpretive rules, policy statements and clarifications, as well as documents that affect compliance dates and applicability dates. These types of documents are available in the Federal Register and are referenced in the LSA (List of CFR Sections Affected).
  • Amendments affected by the Paperwork Reduction Act. Under the Paperwork Reduction Act, certain material related to information collections cannot become effective until approved by the Office of Management and Budget (OMB). For the convenience of users, an amendment published in the Federal Register with OMB approval pending is provisionally incorporated into the text of the current Code, along with an effective date note carried at the end of the section.
  • Partially effective CFR amendments. A new regulation may contain units of text with different effective dates. If a unit of text has a later effective date than the text in surrounding parallel units, the e-CFR includes the later-effective text in the current Code for the convenience of users. An effective date note carried at the end of the section alerts readers to the later effective date.
  • Changes to authority citations. The e-CFR does not link to changes in authority citations with future effectiveness. Changes to authority citations are incorporated into the current Code on the date the change goes into effect.
  • Inconsistent or erroneous amendments. An amendment that was stated erroneously or that is clearly inconsistent with the codification structure or effectiveness of the current Code or pending amendments is cited in an editorial note, either within the text of the section where the amendment would appear, or at the end of the section.

What is incorporation by reference?

  • Incorporation by reference is a legal process established under the Freedom of Information Act that permits federal agencies to grant legally enforceable status to certain national consensus standards and other published materials. If agencies receive the approval of the OFR, the referenced material has the same legal status that it would have if it were published in full text in the Federal Register and CFR.