Regulations Everywhere!

• The federal government issues thousands of rules and regulations each year affecting virtually all areas of your life. The car you drive, the fuel you put into it, the medicines you take, the food you eat, the water you drink, the air you breathe, the content on your television and radio--all these and more are subject to varying levels of regulation.
  Regulations exist because Congress often lacks the time or expertise to specify the details needed to put new laws into effect. Therefore, it grants great discretion to the executive branch agencies and departments charged with implementing new laws. Agencies issue rules and regulations through the rulemaking process. A federal law, the Administrative Procedures Act (APA), governs the federal government's regulatory processes.
  
  

Regulatory Environment

• Compared to the legislative process in which Congress debates bills and passes new laws, the regulatory process is less public. The law requires an open process that includes public notification, but the general public pays little or no attention to this aspect of government policy making. Most of the attention paid to regulatory processes is by individuals and interest groups most likely to be affected by the proposed new regulations.
  Rule making can be formal or informal. Some legislation specifically requires formal rule making, which is similar to a court procedure, involving a hearing, witness testimony and arguments by attorneys. Approval of new medications by the Food and Drug Administration is one example of formal rule-making.
  
  

Regulatory Process: Step by Step

• More commonly, rule-making is informal and occurs in the following steps. First, the agency must publish in the Federal Register at least 30 days in advance a notice of its intent to issue a new regulation. The agency must then allow groups and individuals potentially affected by the new rule to offer opinions and suggestions.
  After receiving comments and opinions, the agency publishes a draft regulation in the Federal Register. The draft rule may or may not be based on the comments and suggestions received. Another period for comments and opinions follows publication of the draft regulation.
  After the second comment period, the agency promulgates a final regulation, which has the force of law. Final regulations generally take effect 30 days after their publication in the Federal Register. All federal regulations are subject to review by Congress and the President.