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"INFORMAL" RULEMAKING PROCEDURE - Coggle Diagram

- - - - Draft proposed rule reviewed at OMB/OIRA
        
        Notice of proposed rulemaking published in federal register
        
        Public comments collected
        
        Agency responds to comments and develops draft final rule
        
        Internal agency review of final draft
        
        OMB/OIRA reviews draft final rule
        
        2 more items...
        
        Further language in § 553(c): "After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose."
        
        5 U.S.C. § 553(c) governs this: "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."
        
        Under executive order 12866, the default/standard comment period is 60 days.
        
        5 U.S.C. § 553(b) requires this publication.
        
        Must 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.
        
        This comes from executive order 12866 (and subsequent orders building on that scheme).
        
        Note that this only applies to "significant" rulemaking actions and that independent agencies are exempt.
    - - § 553(b)(3)(A) and (B) also exempt "interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice" and situations 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."