How to Participate in the Rulemaking Process
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Federal Register/Vol. 86, No. 134/Friday, July 16, 2021/Rules
37674 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations (Federalism), it is determined that this DEPARTMENT OF JUSTICE Pennsylvania Avenue NW, Washington, action does not have sufficient DC 20530. Comments received by mail federalism implications to warrant the 28 CFR Part 50 will be considered timely if they are preparation of a Federalism Assessment. [Docket No. OAG 174; AG Order No. 5077– postmarked on or before August 16, As noted above, this action is an 2021] 2021. The electronic Federal eRulemaking portal will accept order, not a rule. Accordingly, the RIN 1105–AB61 comments until Midnight Eastern Time Congressional Review Act (CRA) 3 is at the end of that day. inapplicable, as it applies only to rules. Processes and Procedures for FOR FURTHER INFORMATION CONTACT: 5 U.S.C. 801, 804(3). It is in the public Issuance and Use of Guidance Robert Hinchman, Senior Counsel, interest to maintain the temporary Documents Office of Legal Policy, U.S. Department placement of N-ethylhexedrone, a-PHP, AGENCY: Office of the Attorney General, of Justice, telephone (202) 514–8059 4-MEAP, MPHP, PV8, and 4-chloro-a- Department of Justice. (not a toll-free number). PVP in schedule I because they pose a ACTION: Interim final rule; request for SUPPLEMENTARY INFORMATION: public health risk, for the reasons comments. expressed in the temporary scheduling I. Posting of Public Comments order (84 FR 34291, July 18, 2019). The SUMMARY: This interim final rule Please note that all comments temporary scheduling action was taken (‘‘rule’’) implements Executive Order received are considered part of the pursuant to 21 U.S.C. -
Informal Rulemaking by Settlement Agreement
Informal Rulemaking by Settlement Agreement JEFFREY M. GABA* The process of informal rulemaking by the federal government is familiar. Af- ter determining that a regulation is necessary, a government agency prepares a proposal which it publishes for public comment. The agency then reviews the comments, decides on the content of the final rule, and publishes the final rule with a statement of basis and purpose explaining its decision. The rule is gener- ally effective thirty days after publication, and the public is blessed with one more government regulation.1 Although the description of this process is familiar, it may be incomplete. If the experience of the Environmental Protection Agency (EPA) is a guide,2 pro- mulgation of regulations pursuant to the notice and comment procedure is merely one step of rulemaking. In many cases, development of these "final" * Assistant Professor of Law, Southern Methodist University. B.A. 1972, University of California, Santa Barbara; J.D. 1976, Columbia University. Attorney, Office of General Counsel, U.S. Environmen- tal Protection Agency, 1977-1981. The author would like to express his appreciation to Southern Meth- odist University for providing financial assistance for preparation of this article. The author would also like to thank the people, both at the EPA and in private practice, who devoted time to discuss their experiences with and insights into the settlement process. Finally, the author would like to express his appreciation to Ms. Rosemary Marek for assistance and support in preparing this article. 1. Administrative Procedure Act § 4, 5 U.S.C. § 553 (1982); see infra notes 85 to 90 and accompanying text (discussing Act's requirements). -
U.S. Core+ for Firms, Government Institutions, and Other Organizations
U.S. CORE+ FOR FIRMS, GOVERNMENT INSTITUTIONS, AND OTHER ORGANIZATIONS Choose HeinOnline and give your organization the competitive advantage with our premier online legal research package offering 30 databases of current and historical content. THE HEINONLINE ADVANTAGE FEATURED DATABASES IN THE PACKAGE Affordable • Brennan Center for Justice Publications • Canada Supreme Court Reports In addition to the wealth of material • Civil Rights and Social Justice - New at an incredible price, more than one • Code of Federal Regulations million pages are added to HeinOnline each month. The value of a subscription • COVID-19: Pandemics Past and Present - New increases with each content release. • Criminal Justice & Criminology • Early American Case Law • English Reports Comprehensive • European Centre for Minority Issues (ECMI) HeinOnline contains more than 3,000 • Executive Privilege - New journals on a variety of subjects. All • Fastcase (U.S. State & Federal Case Law) journals date back to inception, and • Federal Register Library more than 90% are available through the • GAO Reports and Comptroller General Decisions current issue or volume. • Gun Regulation and Legislation in America • Law Journal Library Authoritative • Legal Classics • Military and Government - New HeinOnline is composed of image-based • Open Society Justice Initiative - New PDFs, which are as authoritative as print • Pentagon Papers material for citation purposes, because • Revised Statutes of Canada they are exact facsimiles of the original print materials. • Statutes of the Realm • U.S. Code • U.S. Congressional Documents Incredible Customer Service • U.S. Congressional Serial Set HeinOnline’s support team is second to • U.S. Federal Legislative History Library none, providing users with searching • U.S. Presidential Impeachment Library - New and document retrieval assistance, • U.S. -
EU Agencies, Common Approach and Parliamentary Scrutiny
EU Agencies, Common Approach and Parliamentary Scrutiny European Implementation Assessment STUDY EPRS | European Parliamentary Research Service Editor: Ron Korver Ex-Post Evaluation Unit PE 627.131 – November 2018 EN EU Agencies, Common Approach and Parliamentary Scrutiny Study Decentralised agencies were set up on a case-by-case basis over the years, to respond to emerging individual policy needs. Currently there are 36 of them and they have been operating under very diverse conditions. In 2012, the European Parliament, the Council of the European Union and the European Commission sought to rectify this by adopting a ‘Joint Statement’ and a comprehensive set of guiding principles – a ‘Common Approach’ – to make the agencies more coherent, effective and accountable. In the light of an expected revision of these guiding principles, the European Parliament’s Committee on Constitutional Affairs (AFCO) will produce an implementation report on the functioning of decentralised European agencies. The letter to the Conference of Committee Chairs (CCC) was sent on 11 April and the Conference of Presidents endorsed the request on 31 May 2018. In this framework, the Ex-Post Evaluation Unit (EVAL) provides expertise on the implementation of the agreed guidelines in the form of a European implementation assessment (EIA). This EIA was drawn up by Professor Ellen Vos of Maastricht University, at the request of the Ex-post Evaluation Unit of EPRS. It provides an overview of the different decentralised EU agencies according to a number of criteria; including their functions, legal bases, sources of financing, respective roles of Parliament, Council, Commission and Member States, stakeholder involvement and transparency. -
Code of Federal Regulations | Quick Reference Guide
Help & Support Help & Support Code of Federal Regulations Quick Reference Guide The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States. HeinOnline’s coverage of the CFR is comprehensive. Title/Part/Section Quick Locator Use this tool to quickly retrieve specific titles, parts, and sections from within the CFR. For example, search for Title 33, Part 160, Section 204 (33 CFR 160.204) from 2015 and click Find Section. Because the CFR is indexed to the title and part, but not the section level, this query will produce search results in the specified year, title and part which contain the section number. NOTE: After entering year, title, part, and section information, Federal Register issues in which the specified citation has been affected will appear in a red box.* Click any link to access the Federal Register page range in which the citation was affected. *This tool is available for the Federal Register from 2015 to date. CFR Citation Locator This tool functions like the Title/Part/Section Quick Locator. Using the same example of Title 33, Part 160, Section 204 (33 CFR 160.204) from 2015, use the provided boxes to enter the information and click Find Citation. Because the CFR is indexed to the title and part, but not the section level, this query will produce search results in the specified year, title and part which contain the section number. -
Justice Scalia, the Nondelegation Doctrine, and Constitutional Argument William K
Notre Dame Law Review Volume 92 | Issue 5 Article 9 5-2017 Justice Scalia, the Nondelegation Doctrine, and Constitutional Argument William K. Kelley Notre Dame Law School Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Judges Commons Recommended Citation 92 Notre Dame L. Rev. 2107 (2017) This Article is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\92-5\NDL509.txt unknown Seq: 1 15-JUN-17 10:42 JUSTICE SCALIA, THE NONDELEGATION DOCTRINE, AND CONSTITUTIONAL ARGUMENT William K. Kelley* INTRODUCTION Justice Antonin Scalia wrote two major opinions applying the nondelega- tion doctrine: in Mistretta v. United States,1 he wrote a lone dissent concluding that Congress’s establishment of the United States Sentencing Commission was unconstitutional because the Commission had been assigned no function by Congress other than the making of rules, the Sentencing Guidelines. Such “pure” lawmaking by a “junior-varsity Congress,” Justice Scalia con- cluded, was inconsistent with the Constitution’s basic division of powers.2 In Whitman v. American Trucking Ass’ns,3 he wrote for a unanimous Court upholding a very broad delegation of rulemaking power to the Environmen- tal Protection Agency (EPA), and along the way acknowledged that Con- gress’s power to assign policymaking discretion to agencies extended to raw exercises of discretion from among a range of possibilities that was appar- ently genuinely unlimited. -
Federal Register/Vol. 84, No. 248/Friday, December 27, 2019
71714 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Rules and Regulations DEPARTMENT OF TRANSPORTATION procedures for the review and clearance Department’s rulemaking process can be of guidance documents; and (3) a found at 49 CFR 5.5. Office of the Secretary General Counsel memorandum, This final rule reflects the existing ‘‘Procedural Requirements for DOT role of the Department’s Regulatory 14 CFR Parts 11, 300, and 302 Enforcement Actions’’ (February 15, Reform Task Force in the development 2019),3 which clarifies the procedural of the Department’s regulatory portfolio 49 CFR Parts 1, 5, 7, 106, 211, 389, 553, requirements governing enforcement and ongoing review of regulations. and 601 actions initiated by the Department, Established in response to Executive including administrative enforcement Order 13777, ‘‘Enforcing the Regulatory RIN 2105–AE84 proceedings and judicial enforcement Reform Agenda’’ (February 24, 2017), Administrative Rulemaking, Guidance, actions brought in Federal court. the Regulatory Reform Task Force is the and Enforcement Procedures This final rule removes the existing Department’s internal body, chaired by procedures on rulemaking, which are the Regulatory Reform Officer, tasked AGENCY: Office of the Secretary of outdated and inconsistent with current with evaluating proposed and existing Transportation (OST), U.S. Department departmental practice, and replaces regulations and making of Transportation (DOT). them with a comprehensive set of recommendations to the Secretary of ACTION: Final rule. procedures that will increase Transportation regarding their transparency, provide for more robust promulgation, repeal, replacement, or SUMMARY: This final rule sets forth a public participation, and strengthen the modification, consistent with applicable comprehensive revision and update of overall quality and fairness of the law. -
Notice of Proposed Rulemaking (NPRM)
43162 Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Proposed Rules PART 39—AIRWORTHINESS AD. Send your proposal to: Matt Fuller, address: Federal Trade Commission, DIRECTIVES Senior Aviation Safety Engineer, Safety Office of the Secretary, 600 Management Section, Rotorcraft Standards Pennsylvania Avenue NW, Suite CC– ■ 1. The authority citation for part 39 Branch, FAA, 10101 Hillwood Pkwy., Fort 5610 (Annex C), Washington, DC 20580, continues to read as follows: Worth, TX 76177; telephone 817–222–5110; email [email protected]. or deliver your comment to the Authority: 49 U.S.C. 106(g), 40113, 44701. (2) For operations conducted under a 14 following address: Federal Trade CFR part 119 operating certificate or under Commission, Office of the Secretary, § 39.13 [Amended] 14 CFR part 91, subpart K, the FAA suggests Constitution Center, 400 7th Street SW, ■ 2. The FAA amends § 39.13 by adding that you notify your principal inspector, or 5th Floor, Suite 5610 (Annex C), the following new airworthiness lacking a principal inspector, the manager of Washington, DC 20024. directive (AD): the local flight standards district office or FOR FURTHER INFORMATION CONTACT: certificate holding district office before Julia Airbus Helicopters: Docket No. FAA– Solomon Ensor (202–326–2377) or 2020–0652; Product Identifier 2019–SW– operating any aircraft complying with this AD through an AMOC. Hampton Newsome (202–326–2889), 066–AD. Attorneys, Division of Enforcement, (a) Applicability (g) Additional Information Bureau of Consumer Protection, Federal This AD applies to Airbus Helicopters The subject of this AD is addressed in Trade Commission, Room CC–9528, 600 Model AS332C, AS332C1, AS332L, and European Union Aviation Safety Agency Pennsylvania Avenue NW, Washington, AS332L1 helicopters, certificated in any (previously European Aviation Safety DC 20580. -
Attorney General's Manual on The
Attorney GeneraI's'Man~al on the Administrative Procedure Act WM. W. GAUNT 6' SONS, INC. Holmes Beach, Florida 33510 1973 ~ ;' Wm. W. Gaunt & Sons, Inc Reprint Edition This is an unabridged republication of the first editign published in [~H7 Library of Congress Catalog Card Number 7Z-97700 International Standard Book Number 9 12004 - 11 - 4 Published by Wm. W. Gaunt & Sons, Inc. 3011 Gulf Drive, Holmes Beach, Florida 33510 Printed in the United States of America by Jones Offset, Inc., Bradenton Beach, Florida 33510 Attorney General's Manual on the Administrative Procedure Act Prepared by the United States Department of Justice TOM C. CLARK Attorney General TAnLB OF CONTENTS Pa~ INTRODUCTION . 5 Note Concerning Manner of Citation of Legi.dative MateriaL . 8 I-FuNDAMJo:NTAL CONC'EPTIl . 9 •.\. •• ~a..lic PurpO!le:lof the, ~dmin.htra~ive Procedure Act . 9 b. Coverage of the Admlm:ltrallve I roeedure Act.. : . 9 :=) c. Distinction between Hille Making an<1 Adjudieation .. 12 ,/ . II-SeCTION 3, PUBLIC INfORMATION. .. 17 .. Agencies Subject to Section 3 . 17 Exceptions to Requirement! of Section 3........... .. 17 (1) Any function of the United State3 rerluiring secrecy in the public interest . 17 (2) Any matter relatinlf !lo]rdy to the internal management of an agency.. 18 Effective Date-Pro3pectlve Operation............. .. 18 SECTION 3 (a)-RULES...................................... 19 Separate Statement._.................... 19 Description of Organization......... 19 Statement of Procedures. .. 20 Substantive Rules.................... .. .. 22 Section 3 (b)-Opinions and Or'!eri............ 23 24 1I~~~T:o~C)~Kt~~C fi~~~[~~.::: .• :::::.::.. :.. :::::::::::::·::::::::::::.:::::::::::::::::::~::: 26 Exceptions (1) Any military, naval, or foreign alTairs function of the United StatelJ... -
Federal Register/Vol. 85, No. 124/Friday, June 26
Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Rules and Regulations 38301 the applicant’s or co-applicant’s day delayed effective date for SMALL BUSINESS ADMINISTRATION ethnicity, race, sex, and age as ‘‘not substantive rules under section 553(d) applicable’’ if the applicant or co- of the Administrative Procedure Act.7 13 CFR Part 120 applicant is not a natural person. For Therefore, this rule is effective on June [Docket No. SBA–2020–0039] these reasons, the Bureau will not count 26, 2020, the same date that it is first-lien originations reported in HMDA published in the Federal Register. RIN 3245–AH53 data for which both the applicant’s and III. Regulatory Requirements co-applicant’s ethnicity, race, sex, and Business Loan Program Temporary age all are reported as follows: (1) The This rule articulates the Bureau’s Changes; Paycheck Protection applicant’s ethnicity is reported as ‘‘Not interpretation of Regulation Z and TILA. Program—Additional Eligibility applicable’’ (HMDA Code 4); (2) the Revisions to First Interim Final Rule applicant’s race is reported as ‘‘Not As an interpretive rule, it is exempt applicable’’ (HMDA Code 7); (3) the from the notice-and-comment AGENCY: U.S. Small Business applicant’s sex is reported as ‘‘Not rulemaking requirements of the Administration. 8 applicable’’ (HMDA Code 4); (4) the Administrative Procedure Act. Because ACTION: Interim final rule. applicant’s age is reported as ‘‘Not no notice of proposed rulemaking is applicable’’ (HMDA Code 8888); (5) the required, the Regulatory Flexibility Act SUMMARY: On April 2, 2020, the U.S. -
Rulemaking Cooperation Guidelines for the FAA and the EASA
Rulemaking Cooperation Guidelines for the Federal Aviation Administration and the European Aviation Safety Agency Background: The Agreement between the United States of America and the European Union on cooperation in the regulation of civil aviation safety (the “Agreement”) requires that the Federal Aviation Administration (“FAA”) and the European Aviation Safety Agency (“EASA”) develop and adopt procedures for regulatory cooperation in civil aviation safety and environmental testing and approvals. The FAA and EASA (the “Participants”) have determined that they should actively promote mutual rulemaking cooperation to maintain and further improve the harmonisation of their rules within the scope of Articles 2.B and 6 of the Agreement. The Participants understand that harmonisation can best be achieved through effective communication during the definition and early stages of implementation of their respective rulemaking programmes. They also believe they should make the best use of scarce available resources to produce rules, and that cooperation in this field can be furthered without affecting their independence when deciding on the final rules they best see fit to fulfil their statutory obligations. Therefore, these Guidelines are not intended to create binding obligations under international law. Additionally, no provision of this document should be construed to impair the authority of the FAA or EASA to develop and promulgate aviation regulations within the limits of their enabling legislation and regulations. Page 1 of 7 I. Objectives 1) These Guidelines establish the process through which the FAA and EASA intend to promote rulemaking co-operation in the early stages of the rulemaking process. 2) The objectives of this rulemaking cooperation arrangement are to: i. -
Rulemaking 101- Process and Judicial Review
Andrew Emery Principal The Regulatory Group, Inc. Arlington, VA Jane Luxton Partner Pepper Hamilton Washington, DC Aditi Prabhu Attorney-Adviser Environmental Protection Agency Washington, DC 1 The agency process for formulating, amending, or repealing a rule 2 Administrative Procedure Act (APA) 1946 ◦ 5 U.S.C. Chs. 5 and 7 Substantive statutes ◦ Govern if specify procedure ◦ E.g., OSH Act, TSCA, CAA, FTCA Other procedural statutes, such as: ◦ Regulatory Flexibility Act (RFA) ◦ Paperwork Reduction Act (PRA) ◦ Federal Advisory Committee Act (FACA) ◦ Congressional Review Act (CRA) 3 E.g.: EO 12866, Regulatory Planning & Review EO 13563, Improving Regulation and Regulatory Review EO 13132, Federalism 4 It’s all about FAIRNESS! ◦ Limiting executive power and preventing “secret law” ◦ Due process: notice & opportunity to be heard What laws govern the rulemaking at issue? 5 • Federal Register publication required for -- – Agency organization statement, procedures, other information – Substantive and procedural rules – Statements of general policy – Interpretations of general applicability – Amendment, revision, or repeal of the foregoing – Public not bound if agency fails to publish – Exception: actual and timely notice 6 • Available for public inspection and copying: – Final opinions and orders from adjudications – Statements of policy and interpretations not published in the Federal Register – Administrative staff manuals and instructions to staff that affect a member of the public – Index and copies of all FOIA records likely to become the subject of subsequent requests • FOIA 7 8 Agency statement of future effect, designed to implement, interpret, or prescribe law or policy. Informal Rulemaking (5 U.S.C. § 553) ◦ Notice & comment (N&C) rulemaking Formal Rulemaking (5 U.S.C.