44 U.S.C. § 1510

Code of Federal Regulations

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(a)Special Edition for Codification of Agency Documents.—The Administrative Committee of the Federal Register, with the approval of the President or their designee, may require, from time to time as it considers necessary, the preparation and publication in a special edition of the Federal Register a complete codification of the documents of each agency of the Government having general applicability and legal effect, issued or promulgated by the agency by publication in the Federal Register or by filing with the Administrative Committee, and which are relied upon by the agency as authority for, or are invoked or used by it in the discharge of, its activities or functions, and are in effect as to facts arising on or after dates specified by the Administrative Committee.(b)Code of Federal Regulations.—A codification prepared under subsection (a) of this section shall be published and shall be designated as the “Code of Federal Regulations”. The Administrative Committee shall regulate the manner and forms of publishing this codification.(c)Supplementation, Collation, and Republication.—The Administrative Committee shall regulate the supplementation and the collation and republication of the codification with a view to keeping the Code of Federal Regulations as current as practicable. Each unit of codification shall be supplemented and republished at least once each calendar year. The Office of the Federal Register may create updates of each unit of codification from time to time and make the same available electronically or may provide public access using an electronic edition that allows a user to select a specific date and retrieve the version of the codification in effect as of that date.(d)Preparation and Publication by the Federal Register.—The Office of the Federal Register shall prepare and publish the codifications, supplements, collations, indices, and user aids authorized by this section.(e)Prima Facie Evidence.—The codified documents of the several agencies published in the Code of Federal Regulations under this section, as amended by documents subsequently filed with the Office and published in the daily issues of the Federal Register, shall be prima facie evidence of the text of the documents and of the fact that they are in effect on and after the date of publication.(f)Regulations.—The Administrative Committee, with approval of the President or their designee, shall issue regulations for carrying out this section.(g)Exception.—This section does not require codification of the text of Presidential documents published and periodically compiled in supplements to title 3 of the Code of Federal Regulations.(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1277; Pub. L. 118–267, § 2(g), Jan. 4, 2025, 138 Stat. 2985.)Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., § 311 (July 26, 1935, ch. 417, § 11, 49 Stat. 503; June 19, 1937, ch. 369, 50 Stat. 304; 1939 Reorg. Plan No. II, § 202, eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1435; Dec. 10, 1942, ch. 717, § 2, 56 Stat. 1045; June 30, 1949, ch. 288, title I, § 104(b), 63 Stat. 381; Aug. 5, 1953, ch. 333, 67 Stat. 388; Dec. 2, 1963, Pub. L. 88–190, § 1, 77 Stat. 343).

Editorial NotesAmendments

2025—Pub. L. 118–267 amended section generally. Prior to amendment, section provided that the Administrative Committee of the Federal Register, with the approval of the President, could require the preparation and publication in special or supplemental editions of the Federal Register of complete codifications of the documents of each agency to be published in the Code of Federal Regulations.

Statutory Notes and Related SubsidiariesRetroactive and Prospective Application

Pub. L. 88–190, § 2, Dec. 2, 1963, 77 Stat. 344, provided that: “Section 11 of the Federal Register Act [section 311 of former Title 44, Public Printing and Documents, now this section], as amended by the first section of this Act [amending subsecs. (b) to (d) and (g) of such section 311, now subsecs. (b) to (d) and (g) of this section], shall apply to the Code of Federal Regulations previously authorized and published as well as to future publications made pursuant to that section as so amended.”

Executive DocumentsDelegation of Functions

For delegation of functions vested in President by section 11(a), (f) of Federal Register Act [now subsecs. (a) and (f) of this section], to Attorney General and Archivist of United States, see section 6(b) of Ex. Ord. No. 10530, May 10, 1954, 19 F.R. 2709, as amended, set out as a note under section 301 of Title 3, The President. See, also, section 103(b)(1) of Pub. L. 98–497, set out as a note under section 2102 of this title.

Codification of Executive and Administrative Documents

Under authority of section 11(d) of the Federal Register Act [now subsec. (d) of this section] the Administrative Committee of the Federal Register issued regulations for the codification of executive and administrative documents, approved by the President Nov. 10, 1937, and set out in F.R. 2849 D.I., 2450 B.V.

Notes of Decisions

Cited in 43 cases (6 in the last 5 years), 1974–2023 · leading case: Guedes v. Bureau of Alcohol, Tobacco, Firearms, 920 F.3d 1 (D.C. Cir. 2019).

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Guedes v. Bureau of Alcohol, Tobacco, Firearms, 920 F.3d 1 (D.C. Cir. 2019). “" 44 U.S.C. § 1510 (emphasis added). The Bump-Stock Rule amends three sections of the Code, modifying the regulatory definition of "machine gun" and "adding a sentence to clarify that a 'machine gun' includes * * * a bump-stock-type device.”

John Cervase v. Off. of the Fed. Register, 580 F.2d 1166 (3rd Cir. 1978). · cites it 8× “1277 (codified at 44 U.S.C. § 1510 ) (emphasis added). This version of § 11 was adopted as part of a general recodification of laws relating to public printing and public records.”

Nat. Resources Def. Council v. Env't Prot. Agency, 559 F.3d 561 (D.C. Cir. 2009). · cites it 2× “Federal Register Act, 44 U.S.C. § 1510 (a)-(b); 1 C.F.R. § 8.1 ; see Brock v.”

Aposhian v. Barr, 958 F.3d 969 (10th Cir. 2020). “” 44 U.S.C. § 1510 . For all of these reasons, it is evident that the Final Rule intends to speak with the force of law.”

Mock v. Garland, 75 F.4th 563 (5th Cir. 2023). “The ATF did not invoke Chevron deference, cutting against holding that the Final Rule is legislative. Next, the Final Rule is published in the Code of Federal Regulations.”

Kennecott Utah Copper Corp. v. United States Dep't of the Interior, Am. Iron & Steel Inst., Intervenor, 88 F.3d 1191 (D.C. Cir. 1996). “1986) (quoting 44 U.S.C. § 1510 ). Kenneeott points to three actions the agency took in withdrawing the 1993 Document that it claims amount to “regulation[s]” promulgated under CERCLA.”

S. California Underground Contractors, Inc. v. City of San Diego, 2003 Cal. Daily Op. Serv. 3848 (Cal. Ct. App. 2003). “(See 44 U.S.C. § 1510 .) Similarly, the provisions of the Government Code cited by SoCal apply to “state boards, commissions, and officers,” and not to local entities.”

Beemus v. Interstate Nat'l Dealer Servs., Inc., 823 A.2d 979 (Pa. Super. Ct. 2003). · cites it 2× “(" 44 U.S.C. § 1510 limits publication in that code to rules `having general applicability and legal effect.”

Willard Crimm v. Missouri Pac. R.R. Co., a Corp., 750 F.2d 703 (8th Cir. 1984). “The Code of Federal Regulations is a special or supplemental edition of the Federal Register, 44 U.S.C. § 1510 (1982), and therefore may be judicially noticed under the Federal Register Act.”

William E. Brock, Sec'y of Labor v. Cathedral Bluffs Shale Oil Co., 796 F.2d 533 (D.C. Cir. 1986). “The real dividing point between regulations and general statements of policy is publication in the Code of Federal Regulations, which the statute authorizes to contain only documents “having general applicability and legal effect,” 44 U.S.C. § 1510 (1982) (emphasis added), and…”

United States v. Duane Ehmer, 87 F.4th 1073 (9th Cir. 2023). “See 44 U.S.C. § 1510 (b). As 11 The current text of the RRA, as amended, is available at the website of the Government Publishing Office.”

Rhode Island Hosp. v. Leavitt, 548 F.3d 29 (1st Cir. 2008). “1 (2008); see also 44 U.S.C. § 1510 (defining the “Code of Federal Regulations” as a “complete codification! ] of the documents of each agency of the Government having general applicability and legal effect”).”

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