Monday, May 11, 2009

Reader Comment – 05-08-09 – More on RUA

Anonymous provided some feedback to my comments on an earlier reader comment. I had made the comment that the pre-amble to the NPRM for the TWIC Reader rule should provide a better discussion about what the ‘recurring unescorted access’ rules were all about than one would find in the actual wording of the regulation.

Anonymous writes: “That is why the July 1 2003 edition of 33 CFR 101 is so fascinating: the preamble gives you insight into the why and how of Subchapter H. In the interim final rule on TWIC readers, I'm sure the USCG will do the same careful job of answering major threads, pro and con.” 

This is always one of the problems about writing about federal rules and regulations. If you go to the U.S. Code or the Code of Federal Regulations web sites all you are going to see it the actual wording of the regulations. You will not find any of the explanations provided in the preamble to the rule. Of course, this is one of the reasons that people like myself can sound so erudite; we read the preamble to the rules (both at the NPRM and Final Rule stages) to better understand what the intent of the rule actually is.

Of course, bloggers are not the only ones doing this reading. Lawyers and judges also find these preambles to be invaluable guides to interpreting rules and regulations. This is one of the reasons that you will find preambles quoted so often in legal opinions.

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