Government Regulations And Rulemaking

Front 1

This was a case in which the United States Supreme Court set forth the legal analysis for determining whether to grant deference to a government agency's interpretation of its own statutory mandate

Back 1

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

Front 2

Under this Supreme Court ruling in 1803, United States federal courts have the authority to judicially review the statutes enacted by Congress, and declare a statute invalid if it violates the Constitution.

Back 2

Marbury v. Madison

Front 3

What was significant about Marbury v. Madison?

Back 3

Gave United States federal courts the authority to judicially review the statutes enacted by Congress, and declare a statute invalid if it violates the Constitution.

Front 4

Does the Constitution set express limits on how much federal authority can be delegated to a government agency.

Back 4

NO

Front 5

True or False? Limits on the authority granted to a federal agency occur within the statutes enacted by Congress.

Back 5

True

Front 6

What is the Chevron Doctrine, why impact did it have on federal regulations?

Back 6

Holds that courts must defer to administrative agency interpretations of the authority granted to them by Congress (1) where the grant of authority was ambiguous and (2) where the interpretation was reasonable or permissible.

Front 7

What ws the issue facing the Chevron court?

Back 7

What standard of review should be applied by a court to a government agency's own reading of a statute that gives that agency its authority to act.

Front 8

The general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States are sometimes called this?

Back 8

Administrative Law

Front 9

This is the official journal of the United States Government that contains most routine publications and public notices of government agencies.

Back 9

The Federal Register

Front 10

True or False: According to the Chevron Doctrine, if Congress passed a law that simply stated that there are not to be "excessive" levels of mercury in any significant body of water in the United States (but defined things no further), an entity designated, as part of the law, to enforce it (probably the United States Environmental Protection Agency (EPA)) could define in a scientific way what an excessive level of mercury is, as well as what constitutes a significant body of water.

Back 10

TRUE

Front 11

This act from 1946 governs the way in which administrative agencies of the United States federal government may propose and establish regulations.

Back 11

Administrative Procedure Act

Front 12

U.S. Senator Pat McCarran called this "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies.

Back 12

The federal Administrative Procedure Act (APA) of 1946

Front 13

The this sets up a process for federal courts to directly review agency decisions.

Back 13

The federal Administrative Procedure Act (APA)

Front 14

This is a compilation and codification of the general and permanent federal law of the United States.

Back 14

The United States Code (U.S.C.)

Front 15

This is the official source for the laws and resolutions passed by United States Congress.

Back 15

The United States Statutes at Large

Front 16

Under this, federal agencies are permitted to promulgate detailed rules and regulations through a public "rulemaking" process where the public is allowed to comment, known as public information.

Back 16

The Administrative Procedure Act

Front 17

Before rules are organized by topic or subject matter and are incorporated into the CFR, what happens.

Back 17

They are first promulgated or published in the Federal Register.

Front 18

The CFR is a multi-volume set divided into how many titles that represent broad areas subject to Federal regulation?

Back 18

50

Front 19

How often is the CFR updated in print.

Back 19

Once a year (in quarterly installments)

Front 20

What does Title 33 of the Code of Federal Regulations cover?

Back 20

Navigation and Navigable Waters

Front 21

What does Title 46 of the Code of Federal Regulations cover?

Back 21

Shipping

Front 22

These are non-governmental organizations or groups of professionals, ship surveyors and representatives of offices that lay down and check the standards concerning the design, construction and survey of ships and offshore structures.

Back 22

classification societies

Front 23

Into how many chapters is Title 33 of the CFR divided?

Back 23

3

Front 24

Which chapter of Title 33 of the CFR deals with the Coast Guard?

Back 24

1

Front 25

How many parts are there in the chapter dealing with the Coast Guard in Title 33?

Back 25

200

Front 26

What is an NPRM? What does it do?

Back 26

A notice of proposed rulemaking; it is issued by law when a regulatory agency of the United States Federal Government wishes to add, remove, or change a rule (or regulation) as part of the rulemaking process.

Front 27

What does the following citation refer to? "44 Fed. Reg. 33,238"

Back 27

"Federal Register, volume 44, page 33,238."

Front 28

This is a Coast Guard sponsored industry advisory committee that
provides advice and consultation to the Coast Guard on matters relating
to the safe transportation and handling of hazardous materials in bulk
on ships in U.S. ports and waterways. It also assists the U.S. Coast Guard in formulating U.S. positions at
meetings of the International Maritime Organization. It
meets semiannually at U.S. Coast Guard Headquarters, Washington, DC

Back 28

Chemical Transportation Advisory Committee (CTAC)