5 U.S.C.
§ 553. Rule making
- (a) This section applies, according to the provisions thereof, except
to the extent that there is involved -
- (1) a military or foreign affairs function of the United States; or
- (2) a matter relating to agency management or personnel or to public
property, loans, grants, benefits, or contracts.
- (b) General notice of proposed rule making shall be published in the
Federal Register, unless persons subject thereto are named and either personally
served or otherwise have actual notice thereof in accordance with law. The
notice shall include -
- (1) a statement of the time, place, and nature of public rule making
proceedings;
- (2) reference to the legal authority under which the rule is proposed; and
- (3) either the terms or substance of the proposed rule or a description of
the subjects and issues involved. Except when notice or hearing is required by
statute, this subsection does not apply -
- (A) to interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice; or
- (B) when the agency for good cause finds (and incorporates the finding and
a brief statement of reasons therefor in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to the
public interest.
- (c) After notice required by this section, the agency shall give
interested persons an opportunity to participate in the rule making through
submission of written data, views, or arguments with or without opportunity for
oral presentation. After consideration of the relevant matter presented, the
agency shall incorporate in the rules adopted a concise general statement of
their basis and purpose. When rules are required by statute to be made on the
record after opportunity for an agency hearing, sections 556
and 557 of this title apply instead of this
subsection.
- (d) The required publication or service of a substantive rule shall be
made not less than 30 days before its effective date, except -
- (1) a substantive rule which grants or recognizes an exemption or relieves
a restriction;
- (2) interpretative rules and statements of policy; or
- (3) as otherwise provided by the agency for good cause found and published
with the rule.
- (e) Each agency shall give an interested person the right to petition for
the issuance, amendment, or repeal of a rule.
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