In cranking out new regulations the government is (supposedly) governed
by the Administrative Procedure Act (5 USC 554 et. seq.). Essentially the
government must 1) publish a "proposed rulemaking" in the Federal Register.
2) allow a period (usually 60 or 90 days) within which the public is
permitted to submit letter and evidence to oppose, or support, the proposed
rule, 3) consider the public comment, 4) publish a "final rule" in the
Federal Register, and 5) allow at least a 30 day "delay of effectiveness"
before the regulation can be enforced.
On my information the first Federal Register publication can be expected
within the "next few weeks," which will mark the beginning of "public"
comment." Because the "final rule" must articulate the NFS's reply to the
public opposition to their rulemaking, the number AND QUALITY of letter
received during the "public comment" will determine - to some degree -how
long it will take NFS to publish its final rulemaking. A high quality letter
will be legibly written and will succinctly explain why the proposed
ruelmaking is factually unsupportable. unreasonable, irrational or
unnecessary. Writing such a letter will, of course, require that the letter-
writer read the proposed rule before writing a comment on it.
FREEDOM OF ASSEMBLY, FREEDOM OF RELIGION, FREEDOM OF SPEECH, etc., are
legal as opposed to factual, issues. Surely these ideals are VERY important,
but whether this regulation will violate those ideals is a question that will
be decided by the courts -- not the regulation writers. Therefor it is
strongly suggested that letter include a BRIEF expression of opinion on the
constitutionality, and focus instead on the facts behind the regulation.
Again, this will require a thoughtful reading of the proposed rule. IT IS
STRONGLY SUGGESTED THAT NO LETTER BE WRITTEN TO NFS BEFORE THE REGULATION IS
PUBLISHED. I will be sending you, Spirit willing, a copy of the proposed
rule VERY soon after it is published. (see message notes)
If you feel some compulsion to preach about Freedom of Assemble, Freedom
of Religion, Freedom of Speech, etc., you could, as I have, immediately write
letter to Michael Espy, (see message write Michael) Clinton's new Secretary
of Agriculture, and Leon Penetta, the new head of Office of Management and
Budget. (see message write Michael), Penetta can be contacted at the same
address.
THERE IS STILL A CHANCE TO STOP THIS REGULATION BEFORE IT GETS TO THE
PUBLIC COMMENT STAGE, IF THE NEW ADMINISTRATION CAN BE CONVINCED TO AX IT.
Also enclosed with this mailing is a petition (see message petition)
which could be circulated as widely as possible. Because it is likely that
the wording of this petition will encompass the various objectionable aspects
of any regulation the NFS will finally come up with, circulation of the
petition could begin immediately. The petition will be submitted to NFS at
the end of the public comment period.