§ 553. Rule making
This section applies, according to the provisions thereof, except to
the extent that there is involved--
a military or foreign affairs function of the U.S.; or
a matter relating to agency management or personnel or to public
property, loans, grants, benefits, or contracts.
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-
a statement of the time, place, and nature of public rule making
reference to the legal authority under which the rule is proposed;
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--
to interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice; or
when the agency for good cause finds (and incorporates the finding
and a brief statement of reasons therefore 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
sections 556 and
557 of this title apply instead of this subsection.
required publication or service of a substantive rule shall be made
not less than 30 days before its effective date, except--
a substantive rule which grants or recognizes an exemption or
relieves a restriction;
interpretative rules and statements of policy; or
as otherwise provided by the agency for good cause found and
published with the rule.
agency shall give an interested person the right to petition for the
issuance, amendment, or repeal of a rule.