Richardson Waiver 1971

 Office of the Secretary

PUBLIC PARTICIPATION IN RULE MAKING
Statement of Policy

Notice is hereby given of a statement of policy on public participation in rule making issued by the Secretary. As a matter of policy, the Department will use notice of proposed rule making procedures in certain cases where not required by law. The Secretary's statement reads as follows:

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Generally, before rules and regulations are issued by Government agencies, the Administrative Procedure Act (APA) provides that notice of the proposed rule making must be published in the Federal Register and interested persons must be given an opportunity to participate in the rule making through submission of data, views, or arguments.

The APA exempts from this requirement matters relating to public property, loans, grants, benefits, or contracts. Legislation has been introduced to repeal this exemption. The Administrative Conference of the United States has recommended, however, that Government agencies require public participation in accordance with the APA provisions when formulating rules in the five exempt categories listed above, without waiting for the statute to be amended.

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Our implementation of the Conference's recommendation should result in greater participation by the public in the formulation of this Department’s rules and regulations. The public benefit from such participation should outweigh any administrative inconvenience or delay which may result from use of the APA procedures in the five exempt categories.

Effective immediately, all agencies and offices of the Department which issue rules and regulations relating to public property, loans, grants, benefits, or contracts are directed to utilize the public participation procedures of the APA, 5 U.S.C. 553. Although the APA permits exceptions from these procedures when an agency for good cause finds that such procedures would be impracticable, unnecessary or contrary to the public interest, such exceptions should be used sparingly, as for example in emergencies and in instances where public participation would be useless or wasteful because proposed amendments to regulations cover minor technical matters.

Dated: January 28, 1971.

RODNEY H. BRADY,
Assistant Secretary for Administration.

[FR Doc. 71-1604 Filed 2-4-71; 8:48 am]

ALSO:

https://archives.federalregister.gov/issue_slice/1971/2/5/2527-2534.pdf#page=6

36 FR 2532   January 28, 1971 (dated) February 5, 1971 (published)