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U.S. v. PICCIOTTO

No. 87-3084.

875 F.2d 345 (1989)

UNITED STATES of America v. Concepcion PICCIOTTO, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 1989.

Attorney(s) appearing for the Case

Mark A. Venuti, Washington, D.C., appointed by the Court, for appellant.

Sharon A. Cohen, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Michael W. Farrell, Asst. U.S. Atty., and Joseph E. diGenova, U.S. Atty.,* Washington, D.C., also entered appearances for appellee.

Before MIKVA, EDWARDS, and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Appellant Concepcion Picciotto was convicted of violating a rule promulgated by the United States Park Service. She was given a suspended sentence and probation. We reverse. The case turns on the ability of a government agency to exempt itself from the rulemaking requirements of the Administrative Procedure Act ("APA"). We find that the APA, in balancing the goals of agency efficiency...

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