taking action before or after a rulemaking or bill is proposed warren hoemann senior vice president...
TRANSCRIPT
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Taking ActionBefore or After a Rulemaking or Bill is
Proposed
Warren HoemannSenior Vice President – Industry Affairs
American Trucking Associations
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Three Topics for Today:
Boards of Directors and the movie “Strangers On A Train”
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Three Topics for Today:
Boards of Directors and the Movie “Strangers On A Train” Monster Movies and “The Wizard of Oz”
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Three Topics for Today:
Boards of Directors and the Movie “Strangers On A Train” Monster Movies and “The Wizard of Oz” Vladimir Putin and Free Speech in Russia
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Topic One:
Boards of Directors and the Movie “Strangers On A Train”
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Lessons from Topic One:
Legislatures and Regulatory Agencies determine your company’s future as much as any Board of Directors
They will act, with or without knowledge Don’t be a stranger
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Topic Two:
Monster Movies and “The Wizard of Oz”
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The “First Branch” of Government
It’s not the “I Am a Bill” process you learned in junior high civics
-- few bills are “stand alone” measures-- party and committee politics, election timing often matter as much as merits
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The Levers of Government
Key Committees for Trucking: House:
Transportation and Infrastructure
Ways and Means
Energy and Commerce
Appropriations
Homeland Security
Small Business Senate:
Environment and Public Works
Commerce, Science and Transportation
Energy
Appropriations
Homeland Security and Government Affairs
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The Life of a Legislator
Very busy. Keep your communication on point. Dependent on staff. Help staff do their job
better. Limited subject matter depth. Clear, factual
explanations are best. Driven by re-election. Constituents are the
best messengers.
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The Early Bird…
Become a familiar name Show interest in your legislator Be reliable and responsive Always coordinate with your association Keep the door open
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The “Fourth Branch”
• Most administrative agencies are part of the Executive Branch
• Agencies are empowered by Congress to implement legislative commands through rules
• Agencies interpret and enforce compliance with the rules
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Before Rulemaking
• Agencies can only do what Congress empowers them to do
• Agencies must conduct rulemakings in accordance with Congress’s procedural instructions
• Agencies typically have their own detailed rules governing rulemakings
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Initiating a Rulemaking
• Congressional command• Agency/administration priorities• Petitions or Litigation
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Keeping the Public Informed
• Annual Regulatory Plan• Biannual Regulatory Agenda
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Preliminary Steps
• Internal discussions and discussions with stakeholders
• Optional Advance Notice of Proposed Rulemaking (ANPRM) to invite participation in shaping of the proposed rule
• Office of Information & Regulatory Affairs (OIRA) review of “significant” proposals
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Agency Considerations in Developing a Rule
• Costs and benefits of the potential rule and of alternatives
• Secondary effects (e.g. compliance burdens, privacy implications, environmental impact)
• Relevant executive orders and administration policies
• Congressional politics
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Notice of Proposed Rulemaking
• Publication of NPRM in Federal Register• Specifies public comment period (usually at
least 30 days, often longer)
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Comment Period
• Agency required to review and consider public comments (unless they’re filed late!)
• Listening sessions common for important rules• Agency often modifies proposed rule as appropriate• Possible Supplemental Notice and further opportunity
for public comment if the agency needs to make changes outside the scope of the original proposal
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Final Rule
• Agency reviews and approves final rule• OIRA reviews and approves final rule• Final rule is published in the Federal Register• Generally not effective until at least 30 days
(60 days for “significant” rules), often longer• New rule incorporated into Code of Federal
Regulations
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Other Rulemakings
• Interim Final Rule• Direct Final Rule• Guidance/Interpretive Rules/Policy Statements
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Challenging Rules
• Courts grant a high level of deference when reviewing agency rulemakings
• Courts consider whether:• The agency acted without required notice-and-
comment process• The rule is unconstitutional• The rule was contrary to/ignored Congress’s
instructions• The rule was “arbitrary, capricious, or an abuse
of discretion”
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Lessons from Topic Two:
Understanding the process removes the fear The process will tell you when and how to
respond and what topics to cover You have the knowledge; learn the language
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Topic Three:
Vladimir Putin and Free Speech in Russia
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Lessons from Topic Three:
Walk your talk Strength in numbers Use authority where available
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Three Topics Summarized:
Boards of Directors and the Movie “Strangers On A Train” Monster Movies and “The Wizard of Oz” Vladimir Putin and Free Speech in Russia
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Questions?
Warren HoemannSenior Vice President – Industry Affairs
American Trucking Associations950 N. Glebe Road, Suite 210
Arlington, VA 22203Office: (703) 838-7956Cell: (703) 851-6652