3 ms·

I had a feeling. So just to be clear, this is not unique to the rule making surrounding Net Neutrality - this is the general process for federal agency rule mak

I had a feeling. So just to be clear, this is not unique to the rule making surrounding Net Neutrality - this is the general process for federal agency rule making.

dragonwriter 12y ago
Exactly, despite the fact that some people are trying to make this out as if this were some kind of special, unusual process that is evidence of nefarious intent.
- protomyth 12y ago
  Traditionally the rules would appear in the Federal Register ( https://www.federalregister.gov https://www.federalregister.gov ) with a request for comment (check the proposed rules section).
  - dragonwriter 12y ago
    > Traditionally the rules would appear in the Federal Register ( https://www.federalregister.gov https://www.federalregister.gov ) with a request for comment (check the proposed rules section). No, traditionally -- as a preliminary draft that has not been voted on by the commission considering them -- they would not. They would only appear in the Federal Register for comment if and when they were adopted by the appropriate decisionmaker (which, in the case of the FCC or similar multimember regulatory commission, is by a vote of the commission) as a Notice of Proposed Rulemaking (which is a proposal with a comment period) or an Interim Final Rule with Comment Period (which is an adopted rule which also includes a built in comment period.) They would also appear in the Federal Register (but not with the intent of soliciting comment) when adopted as a Final Rule, though that does not include a comment period. Preliminary drafts that have not been adopted by the appropriate decisionmaker (such as proposals that have not yet been voted on by a commission such as the FCC) do not appear in the Federal Register. The NPRM in the matter under consideration was published in the Federal Register last year [0]. Whatever drafts Wheeler or other commission members have circulated based on the discussion, comments, etc., subsequent to that NPRM are not formally proposed regulations, and would not be expected to be published before being voted on. [0] https://www.federalregister.gov/articles/2014/07/01/2014-14859/protecting-and-promoting-the-open-internet https://www.federalregister.gov/articles/2014/07/01/2014-148...
    - protomyth 12y ago
      When I dealt with DOE, the actual rules proposed were put in the Federal Register for comment, so that we could actually comment on the rules making. I guess it works differently now or the FCC being an "independent board" does it different.
      - dragonwriter 12y ago
        > When I dealt with DOE, the actual rules proposed were put in the Federal Register for comment, so that we could actually comment on the rules making. I guess it works differently now or the FCC being an "independent board" does it different. The DOE is a single-decisionmaker hierarchy, and so there is no body that has to vote on proposals before they are formal proposals, the appropriate decisionmaker simply decides, and its a formal proposal. But what is published in the FR for comment as "the actual rules proposed" would generally be an NPRM -- a Notice of Proposed Rulemaking -- which, in this matter, was published last year (linked upthread.) The internal drafts that are discussed after the comments are received but before either a second NPRM or a Final Rule is finalized on are not published in the Federal Register. And that's what the draft(s) circulating in the FCC prior to the upcoming vote are. The difference between a department like DOE and a commission like the FCC is that the way that a formal proposal (NPRM) or rule -- the kind of thing that would be published in the Federal Register -- is decided on by the FCC or other commission is by a vote.
- deleted 12y ago
  [deleted]

I had a feeling. So just to be clear, this is not unique to the rule making surrounding Net Neutrality - this is the general process for federal agency rule making.

dragonwriter 12y ago

Exactly, despite the fact that some people are trying to make this out as if this were some kind of special, unusual process that is evidence of nefarious intent.

protomyth 12y ago
Traditionally the rules would appear in the Federal Register ( https://www.federalregister.gov https://www.federalregister.gov ) with a request for comment (check the proposed rules section).
- dragonwriter 12y ago
  > Traditionally the rules would appear in the Federal Register ( https://www.federalregister.gov https://www.federalregister.gov ) with a request for comment (check the proposed rules section). No, traditionally -- as a preliminary draft that has not been voted on by the commission considering them -- they would not. They would only appear in the Federal Register for comment if and when they were adopted by the appropriate decisionmaker (which, in the case of the FCC or similar multimember regulatory commission, is by a vote of the commission) as a Notice of Proposed Rulemaking (which is a proposal with a comment period) or an Interim Final Rule with Comment Period (which is an adopted rule which also includes a built in comment period.) They would also appear in the Federal Register (but not with the intent of soliciting comment) when adopted as a Final Rule, though that does not include a comment period. Preliminary drafts that have not been adopted by the appropriate decisionmaker (such as proposals that have not yet been voted on by a commission such as the FCC) do not appear in the Federal Register. The NPRM in the matter under consideration was published in the Federal Register last year [0]. Whatever drafts Wheeler or other commission members have circulated based on the discussion, comments, etc., subsequent to that NPRM are not formally proposed regulations, and would not be expected to be published before being voted on. [0] https://www.federalregister.gov/articles/2014/07/01/2014-14859/protecting-and-promoting-the-open-internet https://www.federalregister.gov/articles/2014/07/01/2014-148...
  - protomyth 12y ago
    When I dealt with DOE, the actual rules proposed were put in the Federal Register for comment, so that we could actually comment on the rules making. I guess it works differently now or the FCC being an "independent board" does it different.
    - dragonwriter 12y ago
      > When I dealt with DOE, the actual rules proposed were put in the Federal Register for comment, so that we could actually comment on the rules making. I guess it works differently now or the FCC being an "independent board" does it different. The DOE is a single-decisionmaker hierarchy, and so there is no body that has to vote on proposals before they are formal proposals, the appropriate decisionmaker simply decides, and its a formal proposal. But what is published in the FR for comment as "the actual rules proposed" would generally be an NPRM -- a Notice of Proposed Rulemaking -- which, in this matter, was published last year (linked upthread.) The internal drafts that are discussed after the comments are received but before either a second NPRM or a Final Rule is finalized on are not published in the Federal Register. And that's what the draft(s) circulating in the FCC prior to the upcoming vote are. The difference between a department like DOE and a commission like the FCC is that the way that a formal proposal (NPRM) or rule -- the kind of thing that would be published in the Federal Register -- is decided on by the FCC or other commission is by a vote.
deleted 12y ago
[deleted]