Book Reviews

• Pages: 05

ADMINISTRATIVE RULEMAKING and FEDERAL AGENCY RULEMAKING- James T O'Reilly, Administrative Rulemaking: St-turinq, Op-postnq, and Dqfendinq Federal Agency Regulatmm. Colorado Springs, Colorado. Shepard'sIMcGraw-HIi1 (Regulatory Manual Sews), 1983. Pages: xv, 480. Introduction, Appendices, Tables, Index. Price: $70.00. Publisher's address: Shepard'sIMcGraw-Hill, P.O. Box 1236,

Colorado Springs, Colorado 80901.

Office of the Chairman: Administrative Conference of the United States, A Outde to Federal Agency Rulnnakinq Washington, D C. United States Government Printing Office, 1983 Pages xi", 300.Foreword, Preface. Appendices. Price: $6.50. Publisher's address: Superintendent of Documents, United States Government Printing OfBce, Washqton, D.C. 20402.

Reviewed by Majojor Michael P. Cor"

In 1946, the Congress, by a unanimous vote of both houses. enacted the federal Administrative Procedure Act (APA) ' Since Its enactment. the APA's rule-making section has not been amended, notwithstanding, ruie~making by federal agencies has waived substantially in the past four decades. The growth of administrative agencies 8s a significant "legislator" at the federal level cannot be denied and should not be overlooked. One need only scan the pages of the Code qfFedera1 Regulatiom to confirm the nature and per-vas~veness of rules promulgated by federal administrative agencies. As a consequence of this increase in government by regulation, one can only marvel at the lack of specialized texts devoted solely to the subject of agency rule making. Few, if any. exhaustive materials

have been published in this area; rather, rule-making has been generally treated only as one of the many facets of the larger prture of admmstratwe law a

Two books, each exclusively devoted to issues surrounding federal agency rule-making, have been published within the past severalyean One is wLitten by a person weii-farniliar with the "ins-and-outs'' of practicing before administrative agen~ies.~

The other was produced by the staff4 of the major federal agency created by the Congress to study "the efficiency, adequacy, and fairness of the administrative procedure used by sdminitrative agencies" so as to be able to "make recommendations to administrative agencies, . . the President, Congress, or the Judicial Conference of the United States.? The former was prepared principally for practitioners' and the latter for use by federal agencies.' One author is James T. O'Reii-1); the other 1s the...