RulemakingNotice-and-Comment Rulemaking under the Administrative Procedure Act (APA)

A process that requires agencies to publish proposed rules, allowing the public to comment before final rules are enacted, ensuring transparency and public participation.

Certain situations, such as emergencies or matters of minor significance, may exempt agencies from the full notice-and-comment process.

After considering public comments, agencies finalize and publish rules in the Federal Register, making them official and enforceable.

• Legislative Rules: Have the force of law and affect individual rights and obligations.


• Interpretative Rules: Clarify or interpret existing statutes or regulations without the force of law.


• Policy Statements: Indicate how an agency intends to exercise its discretionary powers.

Exemptions and Exceptions to Notice-and-Comment RequirementsFinal Rule Issuance and PublicationLegislative vs. Interpretative Rules and Policy Statements

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