This week’s tip is going to build off of our last tip of the week, How to Find Preambles in the Federal Register. This week however, we are going to identify the other key pieces of legislation involved in this rulemaking including the public law, CFR and US code codifications, the proposed rule and comments on the proposal, and along the way, we are going to use a MyHein account to save all of our research that led to this final rulemaking.
Watch the Tip of the Week on YouTube, or continue reading below the video for the full-text version.
So, first and foremost, we want to pull up our final rule which we know from our first tip in this series is found at 71 FR 33172. This final rule involves the importation of fruits and vegetables, specifically the importation of untreated citrus from Mexico, which falls under the Animal and Plant Health Inspection Service in the Department of Agriculture. To pull this up, use the citation navigator from within the Federal Register library.
Now that we have the final rule up, we next want to identify the key pieces of legislation leading up to the final rule, and the final codification in the CFR.
In doing so, we could write down all of our findings on a piece of notebook paper, or we could use HeinOnline’s electronic research service, provided FREE to all HeinOnline users; and that is MyHein. For those who don’t know, with a MyHein account, you create your own user name and password so that only you have access to your saved research. You can bookmark or save articles or documents into your account, or even save search queries.
So, if we go back to our final rule in the Federal Register, let’s bookmark the final rule into our MyHein Account. Create a new tag called “Untreated Citrus from Mexico”, and click Save to MyHein Bookmarks.
Now, open your saved bookmarks and add a note to the bookmark that says Final Rule. Too add the note, click on “Add/Edit” under the Federal Register bookmark.
Now, going back to our final rule. By reading the preamble, we find that the proposed rule was published at 70 FR 16431, so if we turn on “citations on a page” we can easily link to the proposed rule.
Once the proposed rule opens up, we can bookmark the proposed rule into our MyHein account, following the same steps as we did for the Final Rule above.
Now if we go back to the final rule, and continue reading the preamble, we find that the majority of the other comments were published at 70 FR 72881. We can link to that FR citation and bookmark/save the other comments that were gathered on the proposed rule.
The next pieces of legislation we want to gather are the public law, the inclusion in the US Code, and the final codification in the CFR.
For the Public Law, we can search the Statutes at Large by the USC citation or browse by the popular name of the public law. Where do we find this information? It’s in the background information of the proposed rule. So, we can click on Saved Bookmarks from the MyHein menu and then quickly link to the proposed rule that we bookmarked earlier. When the proposed rule comes up, begin reading the background information and you will find a reference to the Plant Protection Act and 7 U.S.C. 7701-7772.
Now, we can go into the U.S. Statutes at Large library in HeinOnline where can browse by popular name to find Plant Protection Act. Once we load the Popular Name list that begins with P, hit CTRL F on the keyboard and begin typing in Plant Protection Act to quickly jump to the public law in the listing. Open the public law by clicking on the Statutes at Large citation, 114 Stat. 438, and then bookmark the public law 106-224, into your MyHein account.
So now, if we look at what we’ve gathered so far, we have the Public Law, the proposed rule, comments on the proposed rule, and the final rule. What’s left? The codification in the CFR, and the United States Code if you want/need that.
We know from reading the background information in our proposed rule that the CFR citation for the Subpart-Fruits and Vegetables is 7 CFR 319.56 (see screenshot above). We also know our final rule was published in 2006, so we are going to want to look at the 2007 CFR to find the final published codification. To do so, we open the Code of Federal Regulations library in HeinOnline and use the CFR Citation Locator tool to find the citation.
When the result comes up, you’ll have to browse through the view matching text pages to find the first page of the section. By default we show only 10 matching text pages per result, so if you don’t see it, scroll to the last view matching text page and click “Display All Results”. Then when all the matching text pages come up, you’ll find the section begins on page 365. How do we know that? By being familiar with the CFR format, we know that sections typically begin with the name of the section, in this case “Subpart-Fruits and Vegetables, QUARANTINE”. Once the page comes up, bookmark it to your MyHein account.
Now let’s go back and bookmark the US Code codification just in case we should need it later on in our research project. Go to the United States Code library in HeinOnline. Click on the Search tab and then click Search by U.S. Code Citation from the left menu. Insert the title number, 7, and section number, 7701 and select the 2006 Edition. Click search. Similarly to the CFR, we have to browse our view matching text pages to find the beginning of the section. Select V. 3 Title 7, result #5, and then link to page 1225 to find the beginning of 7701, Chapter 104 – Plant Protection. Then bookmark this to your MyHein account.
Now that we have all of our saved research stored in our MyHein account, we can quickly and easily access the material as needed for this final rule, without having to search HeinOnline every time we need the information.
Remember, as you bookmark things along the way, add notes to your bookmarks to help keep them organized. This will make it easier then next time you come back to your bookmarks to determine exactly which document you need.