Taking Action
Before or After a Rulemaking or Bill is
Proposed
Warren Hoemann
Senior Vice President – Industry Affairs
American Trucking Associations
Three Topics for Today:

Boards of Directors and the movie
“Strangers On A Train”
Three Topics for Today:


Boards of Directors and the Movie
“Strangers On A Train”
Monster Movies and “The Wizard of Oz”
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
Topic One:

Boards of Directors and the Movie
“Strangers On A Train”
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
Topic Two:

Monster Movies and “The Wizard of Oz”
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
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
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.
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
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
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
Initiating a Rulemaking
•
•
•
Congressional command
Agency/administration priorities
Petitions or Litigation
Keeping the Public Informed
•
•
Annual Regulatory Plan
Biannual Regulatory Agenda
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
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
Notice of Proposed
Rulemaking
•
•
Publication of NPRM in Federal Register
Specifies public comment period (usually at
least 30 days, often longer)
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
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
Other Rulemakings
•
•
•
Interim Final Rule
Direct Final Rule
Guidance/Interpretive Rules/Policy Statements
Challenging Rules
•
•
Courts grant a high level of deference when
reviewing agency rulemakings
Courts consider whether:
•
•
•
•
The agency acted without required notice-andcomment process
The rule is unconstitutional
The rule was contrary to/ignored Congress’s
instructions
The rule was “arbitrary, capricious, or an abuse
of discretion”
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
Topic Three:

Vladimir Putin and Free Speech in Russia
Lessons from Topic Three:



Walk your talk
Strength in numbers
Use authority where available
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
Questions?
Warren Hoemann
Senior Vice President – Industry Affairs
American Trucking Associations
950 N. Glebe Road, Suite 210
Arlington, VA 22203
Office: (703) 838-7956
Cell: (703) 851-6652
[email protected]