Tools for Influencing Regulation at the Agency Level

"Each is given a bag of tools, a shapeless mass, and a book of rules."
--R.L.Sharp

When we think of bringing influence to bear on govenment activities the most usual avenue that comes to mind is the legislative: "Write to your congressman" is the typical injunction. Most mention of regulation seems to carry such negative baggage as "burdensome," "excessive," or "unwieldy." The arcane language is also invoked. Yet regulation is the means for implementing laws that protect our health, safety, and well-being--touching most aspects of our lives. Citizens are entitled to play a role in the creation, modification, or termination of regulations. It is not necessarily the easiest thing to do, and may be most effectively accomplished by joining forces with others who share our concerns. Here you will find information for developing an understanding of what can be done, how to proceed, and some sources of organizations and groups who seek to develop empowerment in this area.

Contents

Ways to get the job done.
Tools for finding rules
Agency-provided information
Miscellaneous information
General non-Governmental tools

Jump to the bottom of this page.

Kinds of work that get the job done

Options for influencing regulation according to FDA: Basically there are only two real avenues open to influencing regulation. FDA lays out the methodology as it would apply to their agency. A good succinct description that can be extrapolated for other cases.
http://www.fda.gov/opacom/backgrounders/voice.html>

Petitioning to initiate, modify, or terminate a rule.: As in the case of the item above this is a description through the eyes of a specific agency--NRC in this instance--but may be used as a model.
http://www.nrc.gov/ADM/mtl/petition.htm

Rulemaking at FAA: This is a detailed tour of rulemaking with all its in's and out's which is generally applicable. It is a fairly complete picture of the whole process, its constituents and steps, another exemplar.
ftp://ftp.faa.gov/pub/files/avr/afs/fars/far_11.txt

Tools for Finding Rules

Federal Register--GPO: This is a searchable full text online version of the Federal Register. It should prove invaluable to the committed and dogged activist looking for notices, proposed rules, and final rules. In addition summaries, dates of comme nt periods, and relevant contacts may be found here as well. General searching hints for GPO databases should should come in handy.
http://www.access.gpo.gov/su_docs/aces/aces140.html

Federal Register--LegiSlate: This FR gopher resource offers very direct access to FR regulations starting in 1994. The possibilities of searching by date, by agency (alphabetically or hierarchically), and by words either in captions or in the text. It is an excellent resource as an alternate or supplement to the GPO access. It may not be as widely available, however.
http://www.access.gpo.gov/su_docs/aces/aces140.html

Federal Register--Commerce Business Daily

Somewhat less daunting than the GPO and perhaps more immediately useful is a version of the Federal Register hosted by the Commerce Business Daily and described as the "the only full-field searchable WWW edition." It allows searches for specific kinds of documents and for information submitted by specific agencies, as well as browsing through the latest issue (appearing each afternoon). Note particularly the ready-made search forms for

Pertinent material from the U.S. Government Manual

Executive Agencies--Here are comprehensive personnel lists with contact information, descriptions of agency histories, jurisdictions, functions, subagencies, etc.
Independent Agencies--This contains the same kind of information for independent agencies as the previous entry for executive agencies.
Standard Federal Regions and Acronyms
Federal Executive Agencies Terminated, Transferred, or Changed
Agencies Appearing in the CFR
Agency/Subject Index
Recent Personnel changes

Federal Web Locator: Villanova's Federal Web Locator provides comprehensive links to federal government agencies--important information for ascertaining the mission, goals, purview, and other material as represented by the agencies themselves. Additional details are available.
http://www.law.vill.edu/Fed-Agency/fedwebloc.html)

U.S. Federal Government Agencies: This is a list of federal government agencies on the Internet conveniently organized and linked to agency sites. Though it duplicates the agency links found in the Federal Web Locator its diffent style of organization may be mor e compatible with the tastes of some users. It, too, provides access to a plethora of agency information as represented by the agencies themselves.
http://www.lib.lsu.edu/gov/fedgov.htm

Federal Information Center: Just in case contact information you find in other sources proves out of date, or you are in too much of a hurry to search in this space, FIC offers convenient delivery of such information over the phone. They have the numbers! Additional details are available.
http://www.gsa.gov/et/fic-firs/fichome.htm

Code of Federal Regulations Title Arrangement: In order to ascertain existing rules as most recently codified the activist will want to check the Code of Federal Regulations. This list provides links to an alphabetical list of agencies responsible. Full-text searcable CFR is available for detailed examination of the codified rules.
"http://www.access.gpo.gov/su_docs/aces/aces140.html

Links to FR Material Provided by Agencies

It would be extremely convenient if each agency would post relevant Federal Register information on the Internet. Though some have, the representation is far from being very comprehensive. As an encouragement to further searching the following list with such links is provided.

Animal and Plant Health Inspection Service (APHIS) : proposed rules open for comment: gopher://hal.aphis.usda.gov:70/11/AI.d/AR.d/PRNOFC.d

News from Ed: This page of news from the Department of Education includes a quick link to the Federal Register at the top of the page, as well as invidual links to Federal Register notices, including those pertaining to rulemaking.
http://www.ed.gov/news.html

Department of Energy Environmental Management Rulemaking Status Report: Here you will find links to details of recent regulatory actions and upcoming regulatory actions.
http://www.em.doe.gov/rm/rulema/index.html

Office of Environmental Policy and Assistance Weekly Federal Register Digest: Here are FR items concerning environmental protection, safety, and health. Though designed for use by DOE staff they should prove useful to citizens with particular interest in rulemaking in this area.
http://www.eh.doe.gov/oepa/weekly/weekly.htm

Environmental Protection Agency

This site contatins up-to-date and convenient links to final and proposed regulations from 1994 on, concerning air and water quality, endangered species, waste, and pesticides and other toxins.

Or go directly to the user-friendly links provided for

gopher://gopher.epa.gov:70/11/.data/fedrgstr

BLM Regulatory Actions: Current regulatory information from the Bureau of Land Management including summary, dates, and supplementary material is provided here.
http://www.blm.gov/nhp/news/regul/regul.html

Department of Labor Proposed Rules: http://www.eh.doe.gov/oepa/weekly/weekly.htm

Employment Standards Administration Unified Agenda: Here are some regulations at the prerule, proposed rule, final, and long term/completed stage along with relevant dates, identification numbers, summaries, and contact information from ESA, a subagency of DOL.
http://www.dol.gov/dol/esa/public/regs/unifiedagenda/main.htm

Employment and Training Administration: Here are some regulations at the prerule, proposed rule, final and long term/completed stage along with relevant dates, identification numbers, summaries, and contact informati on from ETA.
http://www.doleta.gov/regs/unifieda/uafr.htm

Occupational Safety and Health Administration (OSHA): Proposed rules.
gopher://gabby.osha-slc.gov:70/00/.fed/.fed-sources/FED_19960408.txt

MSHA Rules Locator: This is a list of Unified Agenda of Federal Regulations from the Mine Safety and Health Administration (DOL). It shows where rules are in the rulemaking process and provides all the basic information needed for participating in the rulemaking process.
http://199.115.12.200/REGSINF1.HTM

Current SEC Rulemaking: Proposals and Final Rules: This resource contains SEC concept and interpretative releases, selected staff accounting bulletins and other commission notices as well as proposed and final rules.
http://www.sec.gov/rulemake.htm

Common Carrier Notices: FCC notices for commenting on proposed common carrier rules
http://www.fcc.gov/Bureaus/Common_Carrier/Notices/index.html

Miscellaneous FCC Notices: Self-descriptive
http://www.fcc.gov/Bureaus/Miscellaneous/Notices/index.html

FDA News: This page contains a link to current Federal Register notices covering FDA topics. Just in case the url for such information is variable it seems advisable to look here instead of using the current url for FR notices.
http://www.fda.gov/opacom/hpnews.html

U.S. Patent and Trademark Office: What's New: This current news page contains links to regulatory information including requests for comments accompanied by pertinent Federal Register Information.
http://www.uspto.gov/web/menu/menu3.html#current

Miscellaneous Information

Making Your Voice Heard in Regulatory Matters

Enviro$ense: Federal Regulations: There is good well-organized information pertinent to regulation dealing with the environment here.
http://wastenot.inel.gov/envirosense/

US Federal Information Issues: This is a tutorial put out by the Center for Excellence in Space Data and Information Sciences with direct relevance to regulatory issuses in the current environment of emerging information technology.
http://cesdis.gsfc.nasa.gov/admin/inf.eng/wave.tutorial.fin/fed.reg.html

Economic Analysis of Federal Regulations under Executive Order 12866: A long document detailing the results of an exhaustive two year study using cost-benefit analysis to analyze the regulatory process. It is important reading for anyone with any interest in the regulatory process, but especially those desiring to influence the writing of regulations. Any work concerned with instituting, modifying, or eliminating regulations will need to take the content of this report into consideration.
http://www1.whitehouse.gov/WH/EOP/OMB/html/miscdo c/riaguide.html

Commonsense Regulation: Here is OSHA reinventing itself. Would-be influencers of regulation need to be aware of steps some embattled agencies are taking in response to anti-regulatory pressures as well as hostile moves against them specifically. This i s going to have substantial impact on the way regulations are initiated, changed, terminated and thus on how acvtivists should approach agencies with rulemaking proposals.
gopher://gabby.osha-slc.gov:70/00/.reinventing/.newosha-sources/regulation.txt

CPSC Regulatory Reform Initiative Summary Report: This is another example of an agency--the Consumer Product Safety Commission--responding to anti-regulatory pressures
gopher://cpsc.gov:70/00/Whats_New/8005.txt

Reinventing Labor Regulations: http://www.dol.gov/dol/asp/public/programs/labreg/main.htm

Report of the Task Force on Disclosure Simplification and Implementation of Certain of its Recommendations: This is actually the announcement of the publication of this document along with a summary, but is linked to the full text of the document itself for those wishing to study it in detail. This is another example of an agency--SE C--adjusting its regulatory approach in a changing political climate.
http://www.sec.gov/news/smplmtg.htm

Conferences, Symposia, and Workshops on Environmental Issues: This list along with the next provide additional useful resources for those concerned about environmental issues and developing their thinking with regard t o influencing regulations.
http://www.em.doe.gov/rm/conf/index.html

Courses and Seminars Related to Environmental Issues: This list along with the previous one provides guidance for those concerned with influencing rules concerning environmental issues.
http://www.em.doe.gov/rm/courses/index.html

General Non-governmental Resources

Citizen's Guide to the Net: This is a good and relatively brief introduction to the use of the Internet for activists. It covers areas dealt with in the Federal Toolkit and others as well including listservers, newsgroups, etc. It is written in clear and c omfortable language.
gopher://gopher.well.sf.ca.us/00/Politics/activist.tools/citizens.guide

WebActive: WebActive is a conveniently arranged collection of resources which provides access to and information about many groups, organizations, individuals concerned with citizen participation in governmnetal decision-making and rulemak ing. There is bound to be something useful for everyone here.
http://www.webactive.com/webactive/home.html

Be an Activist!: This is a good list of connections to organizations, individuals, and information that hits the mark again and agin. Though lacking in the organizational sophistication of WebAct, still it is a good supplementary source. It includes the well-known and the obscure that shouldn't be obscure. There's good practical advice and good humor for activists. Some additional lists of advocacy organizations are available in the advocacy section of the Legislative Tools drawer.
http://www.cs.caltech.edu/~adam/LEAD/active_links.html

Public Citizen: No collection of resources for activists would be complete without Ralph Nader's organization which has long led the way in working to empower citizens and make the government work for them.
http://www.citizen.org/

Public Interest Research Groups: Here are many groups (many inspired by Nader's work and example) which will be a source of analysis and solidarity on issues.
http://www.igc.apc.org/pirg/homepage.htm

Unconstitutional Regulations: This is a rather cantankerous, not always on the mark rant with plenty of citations which gives a rather strong impression of anti-regulatory "thinking" in matters related the the first am endment. The chapter available here will probably suffice, but for those who would like to see more, there is a link at the end of the text which the reader can use to download the whole "book." A parting diversion!
http://www.automatrix.com/~bak/real/unconstregs.html

imabuna@umich.edu