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 letters 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' reply to the public opposition to their
rulemaking, the number AND QUALITY of letters received during
"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 rulemnaking 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. Therefore it is strongly suggested that
letters 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 LETTERS 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.
If you feel some compulsion to preach about Freedom of
Assembly, Freedom of Religion, Freedom of Speech, etc., you
could,
as I have, immediately write letters to Michael Espy, Clinton's
new
Secretary of Agriculture, and Leon Penetta, the new head of
Office
of Management and Budget. See enclosure, 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 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.