| U.S. Code/CFR adoption to Republic; Discussion about adopting laws, regulations and codes to the Republic | |
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| Tweet Topic Started: Jun 23 2012, 03:00 AM (26 Views) | |
| DesertFalcon | Jun 23 2012, 03:00 AM Post #1 |
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Mark, In the midst of sorting out statutes from regulations, it might be helpful to have a discussion of the regulation process as it currently exists in the de facto. Once a statute (law) has been passed and signed, the relevant department staff goes to work to create a regulation to describe how the law will be implemented. When the regulation is drafted, it is published in the daily FEDERAL REGISTER in its entirety, with a citizens' comment period of 30, 60 or 90 days being specified. The urgency of the matter and the controversial nature of the issue to the impacted industry or citizen group determines how long the comment period will be. Written citizen comments must ALL be answered in the staff response which also is published in the Federal Register along with the final version of the regulation which might have been changed due to the persuasiveness of comments received. If nothing was changed, there must be a written explanation as to why it wasn't. Every written comment must be responded to in the staff response.The regulation can then become effective without delay upon being published. In a nutshell, this is the way it always works. At a future time, the regulation can be changed using the same process. My experience in developing door-to-door intermodalism brought out quite a few regulations that pertained to truck, rail or air movements which, standing alone, had controls/restrictions which didn't make sense in a throughput movement from origin location to destination location in the same customs-sealed container. The USDA and FDA were amazingly cooperative in streamlining their regulations in order to fit the realities of commerce. Nothing ever had to go back to Congress for adjustment because their legislation typically is general enough on purpose to allow the bureaucracy to flex in accordance with the changing needs of industry. Bill H. |
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11:59 AM Jul 11