Review: Administrative Law

Can you KeyCite and Shepardize 26 C.F.R. § 1.1–1?

Yes, you can KeyCite and Shepardize federal regulations.

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A final regulation is published first in the Federal Register.

TRUE

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After publication in the Federal Register, they will be codified and published in the Code of Federal Regulations.

TRUE

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How is the Code of Federal Regulations arranged?

President
Topic  Correct Arranged by topic for ease of use.
Date
Congress

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Do states issue regulations?

YES, states issue regulations.

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When was the last major disaster declaration for Florida other than for the Pandemic and what was the reason?

What was your source?  Be sure to use an authoritative source.

Hurricane Dorian & Florida Division of Emergency Management Website

Key Largo Flooding & Florida Division of Emergency Management Website

Hurricane Sally & FEMA Website CORRECT

Florida HURRICANE SALLY (DR-4564-FL)

Incident Period: September 14, 2020 – September 28, 2020

Major Disaster Declaration declared on September 23, 2020

https://www.fema.gov/disaster/declarations?field_dv2_state_territory_tribal_value=FL&field_year_value=All&field_dv2_declaration_type_value=DR&field_dv2_incident_type_target_id_selective=All

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How many comments were received on the proposed rule dealing with Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) from the List of Endangered and Threatened Wildlife?    The proposed rule was posted on March 15, 2019.

757,041 CORRECT
801,403
500,312
908,451

Regulations.gov for the proposed rule posted on March 15, 2019.

https://www.regulations.gov/document/FWS-HQ-ES-2018-0097-0001

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Are Executive Orders laws?

NO “Executive Orders are not laws; Instead, they direct agencies, where agencies have discretion, to implement policies, take actions, or follow procedures outlined in the order.”  See Chapter, 3, Administrative Law by Stephen Johnson in materials.

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Where can you find an explanation of a final regulation which includes summaries of comments submitted and the agency’s response to these comments?

Code of Federal Regulations
Agency’s website
In the preamble published with the Final Rule in the Federal Register CORRECT  The Administrative Procedures Act requires the Agency to provide a “concise general statement of [the]…basis and purpose” of the rules.   The Agency publishes this explanation with the final rule in the Federal Register. See Chapter 3, Administrative Law by Stephen Johnson

Also, see this section in the CFR

https://www.law.cornell.edu/cfr/text/1/18.12 – dealing with the Preamble’s requirements.

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When is the closing date for comments on the proposed rule dealing with Coastwise Endorsement Eligibility Determination for a Foreign-built Vessel:  PALE HORSE (Motor Vessel)?

July 19, 2021  CORRECT
August 19, 2021
July 30, 2021
July 23, 2021

See https://www.regulations.gov/document/MARAD-2021-0112-0001 on Regulations.gov