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The Regulatory Group :: Regulation Drafting

THE REGULATORY GROUP, INC.

The Regulatory Group, Inc., provides services to Federal agencies in regulation writing, policy development, training, indexing, management of regulatory systems, and report writing. Fred Emery, a former Director of the Office of the Federal Register, founded TRG in 1980. TRG's staff includes writers, editors, teachers, lawyers, and a former Managing Editor of The Federal Register. Over the years, TRG's staff has become expert in all aspects of the Federal regulatory process. TRG's clients have included Federal agencies needing assistance in carrying out their regulatory functions as well as private sector organizations who need to train their staff on the regulatory process.  On the consulting side of its business TRG helps agencies produce proposed rules, final rules, agency guidance documents, internal agency orders, agency rulemaking manuals, rulemaking project reports, and all other documents related to agency policy.  On the training side of its business TRG teaches agency employees the process requirements for issuing regulations and agency guidance.  TRG's classes address writing regulations, preambles, proposed rules, final rules, interim final rules, direct final rules, supplemental proposed rules, agency guidance, and amendatory language.  The classes also address compliance with the Federal Register format requirements, Administrative Procedure Act, Regulatory Flexibility Act, Paperwork Reduction Act, Unfunded Mandates Reform Act, and all other statutes, executive orders, and mandates that impact agency rulemaking.

FRED EMERY

Between 1970 and 1979, Mr. Emery was Director of the Office of the Federal Register, where he was responsible for publication of the Federal Register, the Code of Federal Regulations, the U.S. Statutes at Large, the United States Government Manual, and several Presidential publications. During this time Mr. Emery was a member of President Carter's task force that drafted Executive Order 12044 and taught Administrative Law at Antioch Law School. From 1977 to 1980 Mr. Emery chaired the ABA's Standing Committee on Legal Drafting.

Mr. Emery's career in Washington, D.C. began in 1963 with the Federal Aviation Administration working on the FAA's recodification of the aviation safety regulations into the uniform Federal Aviation Regulations. Subsequent to the recodification project, Mr. Emery was named chief of the branch responsible for the legal drafting and interpretation of regulations applicable to air carrier and commercial operator operations. In 1968, Mr. Emery became Deputy Assistant General Counsel for Regulation of the Department of Transportation where he was involved in all of the Department's transportation safety regulations.

TRG'S APPROACH TO AGENCY RULEMAKING

How do you ensure that your agency produces effective regulations? TRG answers this question with its three-pronged approach to effective rulemaking:

  • Clarity - Your regulations must be written clearly (plain language)
  • Accuracy - Your regulations must be substantively accurate (serve intended purpose)
  • Process - You must follow the correct legal process in developing and implementing your regulations (satisfy legal procedural requirements, APA)

The failure of any one of these factors weakens the effectiveness of the government's regulation. By focusing on these factors in all of its consulting and training, TRG enables Federal agencies to build quality into their rulemaking projects, advisory documents, internal orders, policy manuals, and overall regulatory process.


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