Informal Rule making

The agency process for formulating an agency statement to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency

Must specifically notify affected persons or publish a notice of the proposed rulemaking in the Federal Register.
Notice must contain the following:
a. Statement of time, place and nature of public rule making proceeding
b. Reference legal authority of proposed rule
c. The terms, or description of subjects involved

1. Notify
2. Opportunity to participate in rule making
3. After consideration of the matter, the agency will incorporate the rules & adopt a concise general statement of the basis and purpose of the rule
4. After publication of the rule in the Federal Register, it takes 30 days for the rule to be in effect, unless reasonable argument to be applied sooner. Obama submitted executive order extending to 60 days
5. Agencies have to give an interested person the right to petition for the issuance, amendment, or repeal of a rule.
6. Published in Code of Federal Register
7. Compliance phase= enforce new rule

The Department of Transportation (DOT) can identify on ongoing problem, and the need to resolve using the rulemaking process. For example, hazardous material being transported can have specific requirements for transporting waste, such as certified drivers, proper signage on vehicles, and training on handling material to decrease possibility of leaks or reactions.

Mixture of formal and informal rulemaking
• They can hold public hearings in conjunction with notice and comment rulemaking
• Invite interested parties to participate or solicit their views
• The agency should be able to build a more complete record and rationale for there proposed rule
• The purpose is to shift towards a greater public and public interest group participation in administrative policymaking.
• Iron Triangle image=Interstate Commerce, railroad industry and Congress. Interest among these groups led to agreeable policymaking arrangements.

-Developed in the 1980s as a means of bringing rulemaking closer to the idealized legislative model.
• Relies on face to face negotiation among interested parties to formulate rules
• Considered when only a limited number of identifiable interests will be affected by a rule.
• Committee of trade associations, regulated entities, unions, citizen groups
• If Consensus goes it the federal register
• Some say less burdensome
• Some say less fair