Course Purpose

1. Course Purpose • Landscapes comprises the visible evidence of human activities on the “land surface” – most usually associated with a particular sort of behavior – “land use” • Activities – farming • Artifacts – structures, installations, facilities • Collection of artifacts (places) – farms, dairy farms, cities • Goods produced – automobiles, drugs, cosmetics • Services provided – banking, mass transit, education

2. Course Purpose • Landscapes comprises the visible evidence of human activities on the “land surface” – most usually associated with a particular sort of behavior – “land use” • Activities – farming • Artifacts – structures, installations, facilities • Collection of artifacts (places) – farms, dairy farms, cities • Goods produced – automobiles, drugs, cosmetics • Services provided – banking, mass transit, education • They are political statements representing the outcome of rational decisions of individuals, corporations, and governments • Decisions to produce particular goods and provide particular services in particular ways are made within a context of federal policy that • Defines national goals • Promotes, protects, and rewards certain behaviors • Defines, prohibits and penalizes other behaviors

3. A Paradigm for Landscape Activity Goods Service Artifacts Legislation Regulation Judicial Opinions Organization of Space Organization of Behavior Law Public Policy Landscape Evaluation Government role Indices

4. Congress Legislative Mandate Agency Legislation Courts Regulation The operations of the federal government provide a context in which individuals, corporations, and governments make decisions about their behavior LAW – PUBLIC POLICY

5. Public Policy– created by a federal government acting under authority defined, ambiguously, in a constitution • A Legislative branch of government enacts legislation, statutes, acts that • defines and establishes broad social goals • outlines what behaviors are needed to achieve those goals • delegates authority considered necessary to achieve the necessary behavior • appropriates revenue considered necessary to implement legislation • An Executive branch of government creates (promulgates) rules, regulations that define, promote, and enforce behavior • A Judicial branch examines claims by individuals, organizations, even government itself, that specific legislation or specific regulation violates their constitutional rights and cause some harm for which they should receive compensation

6. The Problem • Understanding the process in which individuals inside and outside the federal government debate issues and the outcomes of the process • Legislation (act, statute, laws), legislative process, cumulation and codification • Regulations (rules), rule-making process, cumulation and codification • Judicial Opinions, litigation process, court rules, encyclopedias, digests • B. Understanding the databases (books) in which these outcomes, even the debates, are published • Statutes at Large (Public Law), US Code • Federal Register, Code of Federal Regulations • United States Reports, other reporters

7. The Problem • Understanding the process in which individuals inside and outside the federal government debate issues and the outcomes of the process • Legislation (act, statute, laws), legislative process, cumulation and codification • Regulations (rules), rule-making process, cumulation and codification • Judicial Opinions, litigation process, court rules, encyclopedias, digests • B. Understanding the databases (books) in which these outcomes, even the debates, are published • Statutes at Large (Public Law), US Code • Federal Register, Code of Federal Regulations • United States Reports, other reporters

8. Regulations and the Rule-making Process • “ … when you are up to your ass in alligators, it is difficult to remember that your initial objective was to drain the swamp.”

9. Statutory law Congress Agency Legislation Courts LAW – PUBLIC POLICY

10. Administrative law Congress Legislative Mandate Agency Legislation Courts Regulation LAW – PUBLIC POLICY

12. A Decision Made by a Branch of the Federal Government • Legislation, Statute, Act • Legislative History, • Compilation and Codification • Rule, Regulation • Rule-making process • Compilation and Codification

13. Project 3. Find a regulation authorized by the statute in Project 1 in the relevant issue of the Code of Federal Regulations – Make a copy of it. Submit this as an Appendix – if large submit the first few pages and the last few • In three pages describe, in colloquial English, what it was intended to do and how • Trace its history, from when it was first published as a Proposed Rule in the Federal Register, most likely soon after the act that authorized it, to when it was published as a Final Rule in the Federal Register and also in the Code of Federal Regulations • Describe any changes in the rule since it was first promulgated • Using  publications of the appropriate agency and periodicals, such as the National Journal and the Congressional Quarterly Weekly, and other, more popular, periodicals (e.g. Time, Newsweek), as well as newspapers, the Internet and traditional library materials, briefly comment on the consequences of the regulation

14. Regulations and the Rule-making Process The Executive Branch of the Federal Government

15. Rule‐making Power • Power of agencies of the executive branch of the federal government to issue rules and regulations • A large portion of American law takes the form of agency rules • This has occurred because of the growth in the number and responsibilities of federal agencies during the twentieth century, especially during the New Deal era • Another period of growth was the 1970s, when new programs were created in the areas of the environment, occupational health and safety, and consumer safety

16. 3 USC 301 General authorization to delegate functions; publication of delegations • The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President • Any function which is vested in the President by law • Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions

17. 3 USC 301 General authorization to delegate functions; publication of delegations • The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President • Any function which is vested in the President by law • Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions • Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part

18. The President’s Role in Regulation • The Executive Branch (White House) • The Cabinet (White House) • Other Executive Agencies (Library of Congress) • Executive Orders (National Archives) • Department of Homeland Security Reorganization Plan • Reorganization Plan of 1953 establishing the Department of Health, Education, and Welfare  • Reorganization Plan No. 3 and 4 of 1970 establishing the Environmental Protection Agency and the National Oceanic and Atmospheric Administration

19. Government Organization (5 U. S. Code)

20. The Rule-making Process

21. The Administrative Procedures Act (APA) (Wikipedia) • Enacted on June 11, 1946 (Public Law 79-404,  60 Stat. 237) outlined the administrative procedures federal agencies must follow to • Identify information to be made public • Publish material in the Federal Register • Maintain records, including those involving certain meetings and hearings • Fulfill attendance and notification requirements for specific meetings and hearings • Issue licenses • Review agency actions • 5 U.S.C. § 551 et seq

22. Federal Aviation Administration • Laws Affecting the Process of Rulemaking • Federal Advisory Committee Act (5 U.S.C. Appendix 2) • Federal Register Act (44 U.S.C. 1501-1511) • Federal Register Laws Index • Negotiated Rulemaking Act (5 U.S.C. 561-570) • Paperwork Reduction Act (44 U.S.C. 3501-3520) • Regulatory Flexibility Act (5 U.S.C. 601-612) • Small Business Regulatory Enforcement Fairness Act of 1996 • Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501-1571)

23. APA etc • Safe Drinking Water Legislation  • Safe Drinking Water Act (1944) • Safe Drinking Water Act of 1974 • Safe Drinking Water Amendments of 1977 • Safe Drinking Water Act Amendments of 1986 • Safe Drinking Water Act Amendments of 1996 • Environmental Protection Agency • Federal Register • Proposed Safe Drinking Water Regulations • Final Safe Drinking Water Regulations • 40 Code of Federal Regulations 141-142

24. Safe Drinking Water Act of 1974. Pub. L. 93-523, 88 Stat. 1660; 42 U.S.C. 300 et seq • Legislation answers the following questions; • Who is responsible for providing safe drinking waterit? • Who should pay for it? • How should it be provided?

25. Safe Drinking Water Act of 1974. Pub. L. 93-523, 88 Stat. 1660; 42 U.S.C. 300 et seq • Legislation answers the following questions; • Who is responsible for providing safe drinking waterit? • Who should pay for it? • How should it be provided? • Legislation does not answer the following, however; • What is the chemical composition of safe drinking water? • What is the chemical composition of unsafe drinking water? • How can safety be compromised? • What activities change the chemical composition of water to make • safe drinking water unsafe? • unsafe drinking water safe?

26. General Resources • Regulation (Wikipedia) • Regulations.gov (US Government) • What are rules? (NP Action) • Laws and Regulations (EPA) • Nuclear Regulatory Commission Regulations • OSHA Law & Regulation • Federal Motor Carrier Safety Administration Rules and Regulations • Report to Congress on the Costs and Benefits of Federal Regulations (OMB) • The Impact of Regulatory Costs on Small Firms (Small Business Administration) • Federal Regulatory Reform: An Overview (Congressional Research Service) • Reports on Federal Agency Major Rules (GAO)

27. All Agencies possess a Legislative Mandate Bureau of Land Management National Park Service US Department of Health and Human Services US Department of Agriculture

28. National Highway Traffic Safety Administration (NHTSA) • NHTSA was established by the Highway Safety Act of 1970 to carry out safety programs previously administered by the National Highway Safety Bureau • The agency directs the highway safety and consumer programs established by the National Traffic and Motor Vehicle Safety Act of 1966, the Highway Safety Act of 1966, the 1972 Motor Vehicle Information and Cost Savings Act, and succeeding amendments to these statutes • NHTSA Statutory Authority

30. Without legislation that delegates the necessary authority there can be no regulation • Every regulation has been authorized by legislation • Every regulation is first published in the Federal Register • Every regulation is subsequently published in the Code of Federal Regulations

31. The United States Grain Act Aug 11, 1916, 39 Stat. 482 – original act • The United States Grain Standards Act - current statutory law • Grain Inspection, Packers and Stockyards Administration • Standards for Corn, 48 FR 28998, June 24, 1983, ACTION: Proposed rule • Revision to the Basis of Determination of Odor in the U.S. Standards for Wheat, Corn, Barley, Rye, Sorghum, Flaxseed, and Triticale, 48 FR 44165, September 28, 1983, ACTION: Final rule • Standards for Corn, 49 FR 35339, September 7, 1984, ACTION: Final rule • Official United States Standards for Grain 7 CFR 810 – regulation (administrative law)

32. The Ultimate Outcome of the Federal Regulatory Process Behavioral Change

33. The Ultimate Outcome of the Federal Regulatory ProcessBehavioral Change

34. Consumer Product Safety Regulations • U.S. Consumer Product Safety Commission • Rules Promulgated by the Commission (16 CFR 1000 onwards) • Requirements for Full Size Baby Cribs (Explanatory Notice) • 16 CFR 1508 • 16 CFR 1632 (Standards for the Flammability of Mattresses and Mattress Pads)

35. FDA Approves Cloned Meat (Washington Post Jan 16, 2008) USDA Recommends That Food From Clones Stay Off the Market (Washington Post Jan 16, 2008) Cloned Animals (Center for Food Safety)

36. Rule-Making • Who has Rule-Making Power? • Whomever has been given the power to make rules by Congress • Executive departments comprising the Cabinet • Most Independent Agencies and Government Corporations • Some Boards, Commissions, and Committees

37. Administrative Law - Structure • The US Government Manual (GPO Access) • Federal Executive Branch (USA.gov) • US Department of Agriculture Agencies and Offices

38. Administrative Law Outcome - official • Federal Register (FDsys) the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. It is published Monday through Friday, except Federal holidays • Federal Register (National Archives) • Federal Register Tutorial (National Archives) • The Federal Register: What it is and How to Use it (Food & Drug Administration)

39. Federal Register • The Federal Register is a centralized means of publishing regulations, presidential documents and notices • Created by the Federal Register Act of 1935 (49 Stat. 501; as amended 44 U.S.C.  §1501 et seq) • Before it started in 1935 such materials were published without any formal organization As a consequence individuals, organizations and even the federal agencies operated in ignorance of applicable law

40. Proposed Rules • Proposed Rules contains notices that an agency intends to issue a rule • The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the agency adopting and publishing the final rule • Many such proposals involve changes to agency regulations that have been already published in the Code of Federal Regulations (CFR) and request public comment on those suggested changes • Documents relating to previously published proposed rules, extending the comment period, announcing a public hearing, making  supplemental information available, correcting a previously published proposed rule, or even withdrawing a proposed rule

41. Final Rules • Final Rules and Regulations contains final rules, regulatory documents having general applicability and legal effect • Most rules are keyed to and codified in the Code of Federal Regulations (CFR) • Interim rules, designed to respond to an emergency situation, issued without prior notice and are effective immediately. Such rules are usually followed by a final rule document which confirms that the interim rule is final, addresses comments received, and includes any further amendments • Section may include documents that have no regulatory text and do not amend the CFR, for example • general policy statements • interpretations of agency regulations

42. Federal Register contains more than Rules! • The actual rule in the Federal Register is usually preceded by the information the agency proposing the rules thinks is important for the public to know when looking at the language of the rule • Facts on which the rule is based • The reason for particular standards • This information serves to explain and even justify the rule

43. Notices • Documents, other than rules or proposed rules, that are generally applicable •     Notices of hearings and investigations •     Committee meetings •     Agency decisions and rulings •     Delegations of authority •     Issuances or revocation of licenses •     Grant application deadlines •     Availability of environmental impact statements •     Filing of petitions and applications •     Agency statements of organization and functions

44. Sunshine Act Meetings • Notices of meetings published under the "Government in the Sunshine Act" (Pub. L. 94-409; 5 U.S.C. 552b(e)(3)) that requires meetings of Government agencies be open to the public, with certain specified exceptions • Includes the time, place, and subject matter of the meeting, the name and telephone number of the agency official to contact for more information, and whether the meeting is open or closed to the public

45. Presidential Documents • Documents signed by the President and submitted to the Office of the Federal Register for publication • Include Proclamations and Executive Orders as well as other documents such as determinations, letters, memoranda, and reorganization plans • All compiled annually in title 3 of the Code of Federal Regulations

46. Administrative Law Outcome - official • Code of Federal Regulations (FDsys) the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government • Divided into 50 titles that represent broad areas subject to Federal regulation updated once each calendar year by the final rules published in the Federal Register

47. Code of Federal Regulations (FDsys) • Electronic Code of Federal Regulations (GPO Access) • ProQuest Congressional • HeinOnline

48. Code of Federal Regulations (CFR) • The CFR is a compilation and codification of the general and permanent rules published in the Federal Register • Divided into 50 titles representing broad areas of behavior subject to federal regulation • Each title divided into chapters usually bearing the name of the issuing agency • Each chapter is further subdivided into parts covering specific regulatory areas - parts thus become the entity “a rule” • Large parts may be subdivided into subparts and all parts are organized in sections • Each part, and sometimes a section, is keyed to • the legislative authority under which the agency promulgated the rule • the issue of the Federal Register in which the final rule was published • Rules are cited to the section level • Each volume of the CFR is revised once each calendar year

49. Administrative Law Outcome - unofficial • ProQuest Congressional (ProQuest LLC) • The Federal Register Library (HeinOnline)

50. Regulatory Process Regulatory Outcome • Proposed. Federal Register • Final. Federal Register • Final. Code of Federal Regulations