elects the "interpretative" shortcut, there are almost no procedural requirements, beyond the publication required by 5 U.S.C. § 552 and § 552(d). The decision maker must ensure that there is indeed an ambiguity that is not resolved by any binding law, but if the ambiguity exists, the decision maker simply interprets as best he or she may. If the issue is outside the agency's scope of rule making authority, the agency must follow the agency or courts that do have authority on that specific issue. Consequence of the "interpretative" exemption In return for the privilege of bypassing rule making procedure, the agency risks loss of binding effect for an interpretative rule. "An agency issuing an interpretative rule ... may well intend that its interpretation bind its own personnel and may expect compliance from regulated individuals or entities. Nonetheless, the agency cannot expect the interpretation to be binding in court; because it does not have the force of law, parties can challenge the interpretation." Many courts have characterized interpretative rules as only "hortatory" and "lacking force of law". In proceedings before the agency, a party may advance alternative positions or interpretations, and the agency must address them, without relying on an interpretative rule as the last word. But as a practical matter, agencies tend to enforce their interpretative rules until forced to concede error, and parties simply acquiesce until the costs of the agency's interpretation exceed the cost of court litigation. Interpretative rules are binding on agency employees, including its administrative law judges (ALJs). If an interpretative rule (say, a provision of an agency staff manual, or memorandum to agency staff, or interpretation in a Federal Register rulemaking notice) sets a "floor" under the rights of a party, individual employees have no discretion to back out of the agency's interpretation or create ad hoc exceptions adverse to the party. On judicial review, the effect of an interpretative rule was explained by the Eighth Circuit, discussing "well-settled principles of administrative law": “Statements of policy” "Statements of policy" are even weaker statements than "interpretative" rules. Agencies use them to express agency preferences, but with no binding effect. Policy statements are "tentative intentions", nonbinding rules of thumb, suggestions for conduct, and tentative indications of an agency's hopes. Policy statements have no binding effect. A policy statement "genuinely leaves the agency and its decisionmakers free to exercise discretion", and "a statement of policy may not